Legislation – Sentencing Act 2020
THIRD GROUP OF PARTSDisposals
PART 7Financial orders and orders relating to property
CHAPTER 1Fines
Exercise of powers
125Exercise of court’s powers to impose fine and fix amount
(1)
The amount of any fine fixed by a court must be such as, in the opinion of the court, reflects the seriousness of the offence.
(2)
In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court must take into account the circumstances of the case including, in particular, the financial circumstances of the offender so far as they are known, or appear, to the court.
(3)
Subsection (2) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.
(4)
In applying subsection (2), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 42, except to the extent that the offender has insufficient means to pay both.
(5)
For modifications of this section where the court also makes an order under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge), see section 128.
(6)
For the effect of proceedings in relation to confiscation orders on the court’s powers to impose or fix the amount of a fine, see the following provisions of the Proceeds of Crime Act 2002—
(a)
section 13(4) (where confiscation order has been made);
(b)
section 15 (where proceedings on a confiscation order have been postponed).