Valid from 06/04/2014
131E+WThe Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
132(1)Section 78 (limit on magistrates' courts' power to impose imprisonment etc.) is (until its repeal by the Criminal Justice Act 2003 (c. 44) comes into force) amended as follows.E+W
(2)In subsection (4) for “distress” substitute “ goods ”.
(3)After subsection (4) insert—
“(4A)In subsection (4) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—
(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but
(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
133(1)Section 163 (general definition) is amended as follows.E+W
(2)The existing words become subsection (1).
(3)After that subsection insert—
“(2)In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—
(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”