Sentencing Act 2020

PART 4E+WFines and compensation orders

Standard scaleE+W

5(1)The Secretary of State may by regulations amend section 122 so as to provide for such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date to have effect in place of any sum for the time being specified as a level on the standard scale, in relation to offences committed after the regulations come into force.E+W

(2)In sub-paragraph (1), the “relevant date” means—

(a)1 October 1992, or

(b)if the sum for the time being specified has effect by virtue of regulations under this paragraph or paragraph 6, the date of those regulations.

(3)Regulations under this paragraph are subject to the negative resolution procedure.

(4)The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5)Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I1Sch. 23 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6(1)The Secretary of State may by regulations amend section 122 so as to provide for such sums as the Secretary of State considers appropriate to have effect in place of the sums for the time being specified as levels 1 to 4 on the standard scale in relation to offences committed after the regulations come into force.E+W

(2)Regulations under this paragraph may not alter the ratio of one of those levels to another.

(3)Regulations under this paragraph are subject to the affirmative resolution procedure.

(4)Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I2Sch. 23 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to alter limits on fines and compensation orders etc in magistrates' courtE+W

7(1)The Secretary of State may by regulations substitute, for a sum for the time being specified in any of the following provisions, such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date, in relation to offences committed after the regulations come into force—E+W

section 123limit on magistrates' court fine for young offender
section 129limit on term in default of payment of fine
section 139limit on magistrates' court compensation order for young offender
section 376(2)(b) or (8)limits on recognizance for parent or guardian of young offender, or fine for unreasonable refusal to enter into recognizance
paragraph 2(2)(a) of Schedule 5limit on fine on breach of requirement of reparation order

(2)In sub-paragraph (1), the “relevant date” means—

(a)1 October 1992, or

(b)if the sum for the time being specified has effect by virtue of regulations under this paragraph, the date of those regulations.

(3)Regulations under this paragraph are subject to the negative resolution procedure.

(4)The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5)Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I3Sch. 23 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2