Legislation – Sentencing Act 2020

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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

Fines: payment

132Enforcement of fines imposed on offenders by Crown Court

(1)

A fine imposed on an offender by the Crown Court is to be treated for the purposes of collection, enforcement and remission as having been imposed—

(a)

by a magistrates’ court specified in an order made by the Crown Court, or

(b)

if no such order is made, by the magistrates’ court by which the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998,

and as having been so imposed on conviction by the magistrates’ court in question.

This is subject to subsection (5).

(2)

Subsection (3) applies where a magistrates’ court issues a warrant of commitment on a default in the payment of a fine imposed by the Crown Court on an offender.

(3)

The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the offender is liable to serve is to be—

(a)

the term fixed by the Crown Court under section 129(3), or

(b)

if that term has been reduced under section 79(2) of the Magistrates’ Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,

even if that term exceeds the period applicable to the case under section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).

(4)

Subsections (1) to (3) apply in relation to a fine imposed on an offender—

(a)

by the criminal division of the Court of Appeal, or

(b)

by the Supreme Court on appeal from that division,

as they apply in relation to a fine imposed by the Crown Court.

References in those subsections to the Crown Court (except the reference in subsection (1)(b)) are to be read accordingly.

(5)

A magistrates’ court must not, under section 85(1) of the Magistrates’ Courts Act 1980 as applied by subsection (1), remit the whole or any part of a fine imposed by—

(a)

the Crown Court,

(b)

the criminal division of the Court of Appeal, or

(c)

the Supreme Court on appeal from that division,

without the consent of the Crown Court.

(6)

Where payment of a fine is enforceable by a magistrates’ court by virtue of this section, the fine is to be treated for the purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as having been imposed by a magistrates’ court.