Sentencing Act 2020

Availability

118 Availability of fine: magistrates’ court

(1) A fine is available to a magistrates’ court dealing with an offender for an offence if under the relevant offence provision a person who is convicted of that offence is liable to a fine.

(2) If under the relevant offence provision the offender is liable to—

(a) a fine of a specified amount,

(b) a fine of not more than a specified amount,

the amount of the fine—

(i) must not be more than that amount, but

(ii) may be less than that amount (unless an Act passed after 31 December 1879 expressly provides to the contrary).

(3) This is subject to—

(a) section 121 (availability: fines not to be combined with certain other orders);

(b) section 123 (limit on fines imposed by magistrates’ courts in respect of young offenders).

(4) In this section “relevant offence provision”, in relation to an offence, means—

(a) the enactment creating the offence or specifying the penalty to which a person convicted of the offence is liable, or

(b) that provision read in accordance with—

(i) section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) and regulations under that section;

(ii) section 86 of that Act (power to increase certain other fines on conviction by magistrates’ court) and regulations under that section;

(iii) section 32 of the Magistrates’ Courts Act 1980 (penalties on summary conviction for offences triable either way);

(iv) section 119 (power of magistrates’ court to fine where only imprisonment etc specified);

(v) section 122 (standard scale of fines),

and, for this purpose, “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

119 Power of magistrates’ court to fine where only imprisonment etc specified

(1) This section applies where under an enactment a magistrates’ court has power to sentence an offender to imprisonment or other detention but not to a fine.

It is immaterial whether the enactment was passed or made before or after the commencement of this Act.

(2) The magistrates’ court may impose a fine instead of sentencing the offender to imprisonment or other detention (unless an Act passed after 31 December 1879 expressly provides to the contrary).

(3) In the case of an offence which—

(a) is triable either way, and

(b) was committed before 12 March 2015,

a fine imposed under subsection (2) may not exceed the prescribed sum (within the meaning of section 32 of the Magistrates’ Courts Act 1980).

(4) In the case of a fine imposed under subsection (2) for a summary offence—

(a) the amount of the fine may not exceed level 3 on the standard scale, and

(b) the default term must not be longer than the term of imprisonment or detention to which the offender is liable on conviction of the offence.

For this purpose, “default term” means the term of imprisonment or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 to which the offender would be subject in default of payment of the fine.

(5) In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

120 General power of Crown Court to fine offender convicted on indictment

(1) A fine is available to the Crown Court where it is dealing with an offender who is convicted on indictment for an offence—

(a) instead of, or

(b) in addition to,

dealing with the offender in any other way which is available to the court.

(2) Subsection (1)—

(a) does not apply where the offence is one in relation to which a mandatory sentence requirement applies by virtue of any of the following provisions of section 399—

(i) paragraph (a) (life sentence for murder etc),

(ii) paragraph (b) (other mandatory life sentences), or

(iii) paragraph (c)(iv) (minimum sentence for third domestic burglary offence),

(b) is subject to any other enactment requiring the offender to be dealt with in a particular way, and

(c) does not apply if the court is precluded from sentencing the offender by its exercise of some other power.

(3) Nothing in subsection (1) affects the maximum amount of a fine to which a person is liable for an offence committed before the commencement date.

121 Availability of fine: effect of other orders

For circumstances in which a fine is not available, see—

(a) section 37(8) of the Mental Health Act 1983 (hospital order or guardianship order in case where person convicted of offence punishable with imprisonment);

(b) section 89 (making of referral order: effect on court’s other sentencing powers).