THIRD GROUP OF PARTSDisposals
PART 7Financial orders and orders relating to property
CHAPTER 1Fines
Exercise of powers
I1127Remission of fines following determination under section 126
1
This section applies where a court has, in fixing the amount of a fine, determined the offender's financial circumstances under section 126 (offender absent or failing to provide information).
2
If on subsequently inquiring into the offender's financial circumstances the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—
a
would have fixed a smaller amount, or
b
would not have fined the offender,
it may remit the whole or part of the fine.
3
Where under this section the court remits the whole or part of a fine after a term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, has been fixed under—
a
section 129, or
b
section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default),
it must reduce the term by the corresponding proportion.
4
In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.
5
Subsection (6) applies where—
a
under this section the court remits the whole or part of a fine,
b
the offender was ordered under section 42 to pay a surcharge, and
c
the amount of the surcharge was set by reference to the amount of the fine.
6
The court must—
a
determine how much the surcharge would have been if the fine had not included the amount remitted, and
b
remit the balance of the surcharge.