Legislation – Sentencing Act 2020

New Search

Introduction

SCHEDULES

SCHEDULE 1 Offences where terrorist connection to be considered

SCHEDULE 2 Order for conditional discharge: commission of further offence

SCHEDULE 3 Youth offender contract: programme of behaviour

SCHEDULE 4 Referral order: further court proceedings

SCHEDULE 5 Breach, revocation and amendment of reparation order

SCHEDULE 6 Youth rehabilitation orders: requirements

SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order

SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland

SCHEDULE 9 Community orders and suspended sentence orders: requirements

SCHEDULE 10 Breach, revocation or amendment of community order

SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland

SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences

SCHEDULE 13 Special sentence for offenders of particular concern: offences

SCHEDULE 14 Extended sentences: the earlier offence condition: offences

SCHEDULE 15 Life sentence for second offence: listed offences

SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction

SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland

SCHEDULE 18 Specified offences for purposes of section 306

SCHEDULE 19 Schedule 19 offences

SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences

SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc

SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation

SCHEDULE 23 Powers to amend the Sentencing Code

SCHEDULE 24 Consequential amendments

SCHEDULE 25 Amendments to the Armed Forces Act 2006

SCHEDULE 26 Further amendments of the Armed Forces Act 2006

SCHEDULE 27 Transitional provisions and savings

SCHEDULE 28 Repeals and revocations

SCHEDULE 29 Repeals and revocations for England and Wales

THIRD GROUP OF PARTSDisposals

PART 7Financial orders and orders relating to property

CHAPTER 1Fines

Availability

118Availability 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.