Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 113 is up to date with all changes known to be in force on or before 06 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 113:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 6Cautions
Community cautions
113Enforcement of financial penalties: court proceedings
(1)
This section applies where, in any proceedings for the enforcement of an amount registered under this section, the person against whom the proceedings are taken claims—
(a)
not to be the person to whom the community caution was given,
(b)
to have paid the amount that was required to be paid, or
(c)
to have a reasonable excuse for not paying.
(2)
The court may adjourn the proceedings, on one or more occasions, for the purpose of allowing the claim to be investigated, but must not adjourn for more than 28 days in total.
(3)
(4)
Where a court accepts a claim under subsection (1)(b), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.
(5)
In the case of a claim under subsection (1)(c), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.
(6)
Where a court accepts a claim under subsection (1)(c), the court may order that the condition of the caution by virtue of which the amount is required to be paid—
(a)
ceases to have effect, or
(b)
is varied so as to reduce the amount payable or to extend the time for payment (or both).