Part 3

Conditional cautions

Financial penalties
23A
1
A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
2
An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
3
The amount that may be prescribed in respect of any offence
(other than one to which subsection (4A) applies)
must not exceed—
a
one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or
b
£250,
whichever is the lower.
4
The Secretary of State may by order amend subsection (3) by—
a
substituting a different fraction in paragraph (a);
b
substituting a different figure in paragraph (b).
4A
In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).
5
Where a financial penalty condition is attached to a conditional caution,
the condition must
specify—
a
the amount of the penalty,
b
the person to whom the financial penalty is to be paid and how it may be paid.
6
To comply with the condition, the offender must pay the penalty
in accordance with the provision specified under subsection (5)(b)
.
6A
Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
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S. 23A inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(4), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)
S. 23A(7)-(9) repealed (8.7.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 60(5), Sch. 28 Pt. 4; S.I. 2009/1678, art. 3(c)
S. 23A(5)(b) substituted for s. 23A(5)(b)(c) (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(2); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)
Words in s. 23A(6) substituted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(3); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)
S. 23A(6A) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(4); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)
S. 23A(4A) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 10(3) (with reg. 5(1))
Pt. 3 excluded (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 17(8)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 13
Words in s. 23A(5) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(4), 151(1); S.I. 2013/453, art. 4(c)
Words in s. 23A(3) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 10(2) (with reg. 5(1))