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Fines | |
146 Powers to order statement as to offender’s financial circumstances | |
(1) Where an individual has been convicted of an offence, the court may, before | |
sentencing him, make a financial circumstances order with respect to him. | |
(2) Where a magistrates’ court has been notified in accordance with section 12(4) | 5 |
of the Magistrates’ Courts Act 1980 (c. 43) that an individual desires to plead | |
guilty without appearing before the court, the court may make a financial | |
circumstances order with respect to him. | |
(3) In this section “a financial circumstances order” means, in relation to any | |
individual, an order requiring him to give to the court, within such period as | 10 |
may be specified in the order, such a statement of his financial circumstances | |
as the court may require. | |
(4) An individual who without reasonable excuse fails to comply with a financial | |
circumstances order is liable on summary conviction to a fine not exceeding | |
level 3 on the standard scale. | 15 |
(5) If an individual, in furnishing any statement in pursuance of a financial | |
circumstances order— | |
(a) makes a statement which he knows to be false in a material particular, | |
(b) recklessly furnishes a statement which is false in a material particular, | |
or | 20 |
(c) knowingly fails to disclose any material fact, | |
he is liable on summary conviction to imprisonment for a term not exceeding | |
51 weeks or a fine not exceeding level 4 on the standard scale or both. | |
(6) Proceedings in respect of an offence under subsection (5) may, | |
notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980 | 25 |
(c. 43) (limitation of time), be commenced at any time within two years from | |
the date of the commission of the offence or within six months from its first | |
discovery by the prosecutor, whichever period expires the earlier. | |
147 General power of Crown Court to fine offender convicted on indictment | |
Where a person is convicted on indictment of any offence, other than an offence | 30 |
for which the sentence is fixed by law or falls to be imposed under section | |
110(2) or 111(2) of the Sentencing Act or under any of sections 205 to 208 of this | |
Act, the court, if not precluded from sentencing an offender by its exercise of | |
some other power, may impose a fine instead of or in addition to dealing with | |
him in any other way in which the court has power to deal with him, subject | 35 |
however to any enactment requiring the offender to be dealt with in a | |
particular way. | |
148 Fixing of fines | |
(1) Before fixing the amount of any fine to be imposed on an offender who is an | |
individual, a court must inquire into his financial circumstances. | 40 |
(2) 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. | |
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(3) 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, among other things, the financial circumstances of the | |
offender so far as they are known, or appear, to the court. | |
(4) Subsection (3) applies whether taking into account the financial circumstances | 5 |
of the offender has the effect of increasing or reducing the amount of the fine. | |
(5) Where— | |
(a) an offender has been convicted in his absence in pursuance of section | |
11 or 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of | |
accused) or | 10 |
(b) an offender— | |
(i) has failed to comply with an order under section 146(1), or | |
(ii) has otherwise failed to co-operate with the court in its inquiry | |
into his financial circumstances, | |
and the court considers that it has insufficient information to make a proper | 15 |
determination of the financial circumstances of the offender, it may make such | |
determination as it thinks fit. | |
149 Remission of fines | |
(1) This section applies where a court has, in fixing the amount of a fine, | |
determined the offender’s financial circumstances under section 148(5). | 20 |
(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 would— | |
(a) have fixed a smaller amount, or | |
(b) not have fined him, | 25 |
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 has been fixed under section 139 of the Sentencing Act | |
(powers of Crown Court in relation to fines) or section 82(5) of the Magistrates’ | |
Courts Act 1980 (c. 43) (magistrates’ powers in relation to default) it must | 30 |
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. | |
Savings for power to mitigate etc | |
150 Savings for powers to mitigate sentences and deal appropriately with | 35 |
mentally disordered offenders | |
(1) Nothing in— | |
(a) section 131 (imposing community sentences), | |
(b) sections 135, 136 or 141 (imposing custodial sentences), | |
(c) section 140 (pre-sentence reports and other requirements), | 40 |
(d) section 148 (fixing of fines), | |
prevents a court from mitigating an offender’s sentence by taking into account | |
any such matters as, in the opinion of the court, are relevant in mitigation of | |
sentence. | |
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(2) Without prejudice to the generality of subsection (1), nothing in those sections | |
prevents a court— | |
(a) from mitigating any penalty included in an offender’s sentence by | |
taking into account any other penalty included in that sentence, and | |
(b) in the case of an offender who is convicted of one or more other | 5 |
offences, from mitigating his sentence by applying any rule of law as to | |
the totality of sentences. | |
(3) Nothing in those sections is to be taken— | |
(a) as requiring a court to pass a custodial sentence, or any particular | |
custodial sentence, on a mentally disordered offender, or | 10 |
(b) as restricting any power (whether under the Mental Health Act 1983 | |
(c. 20) or otherwise) which enables a court to deal with an offender in | |
the manner it considers to be most appropriate in all the circumstances. | |
(4) In subsection (3) “mentally disordered”, in relation to a person, means | |
suffering from a mental disorder within the meaning of the Mental Health Act | 15 |
1983. | |
Sentencing and allocation guidelines | |
151 The Sentencing Guidelines Council | |
(1) There shall be a Sentencing Guidelines Council (in this Chapter referred to as | |
the Council) constituted in accordance with an order made by the Lord | 20 |
Chancellor. | |
(2) The Lord Chief Justice is to be chairman of the Council. | |
(3) The other members of the Council are to be appointed by the Lord Chancellor | |
after consultation with the Secretary of State and the Lord Chief Justice. | |
(4) A person is not eligible to be appointed under subsection (3) unless he is— | 25 |
(a) a Lord Justice of Appeal, | |
(b) a judge of the High Court, | |
(c) a Circuit judge, | |
(d) a District Judge (Magistrates’ Courts), or | |
(e) a lay justice. | 30 |
(5) The Lord Chief Justice must appoint one of the members of the Council | |
appointed under subsection (3) to be deputy chairman of the Council. | |
(6) An order under this section may, in particular, include provision— | |
(a) as to the number of members of the Council, or the number of members | |
falling within any of the categories mentioned in subsection (4), | 35 |
(b) as to the term of office of members of the Council appointed under | |
subsection (3) , | |
(c) enabling the Lord Chancellor to remove a member from office on | |
grounds of incapacity or misbehaviour. | |
(7) The Lord Chancellor may pay— | 40 |
(a) to any member of the Council who is appointed by virtue of being a lay justice, | |
such remuneration as he may determine, and | |
(b) to any other member of the Council, such expenses as he may determine. | |
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(8) In this section “lay justice” means a justice of the peace who is not a District | |
Judge (Magistrates’ Courts). | |
152 The Sentencing Advisory Panel | |
(1) There shall continue to be a Sentencing Advisory Panel (in this Chapter | |
referred to as “the Panel”) constituted by the Lord Chancellor after | 5 |
consultation with the Secretary of State and the Lord Chief Justice. | |
(2) The Lord Chancellor must, after consultation with the Secretary of State and | |
the Lord Chief Justice, appoint one of the members of the Panel to be its | |
chairman. | |
(3) The Lord Chancellor may pay to any member of the Panel such remuneration | 10 |
as he may determine. | |
153 Guidelines relating to sentencing and allocation | |
(1) In this Chapter— | |
(a) “sentencing guidelines” means guidelines relating to the sentencing of | |
offenders, which may be general in nature or limited to a particular | 15 |
category of offence or offender, and | |
(b) “allocation guidelines” means guidelines relating to decisions by a | |
magistrates’ court under section 19 of the Magistrates’ Courts Act 1980 | |
(c. 43) as to whether an offence is more suitable for summary trial or | |
trial on indictment. | 20 |
(2) The Secretary of State may at any time propose to the Council— | |
(a) that sentencing guidelines be framed or revised by the Council— | |
(i) in respect of offences or offenders of a particular category, or | |
(ii) in respect of a particular matter affecting sentencing, or | |
(b) that allocation guidelines be framed or revised by the Council. | 25 |
(3) The Council may from time to time consider whether to frame sentencing | |
guidelines or allocation guidelines and, if it receives— | |
(a) a proposal under section 154(2) from the Panel, or | |
(b) a proposal under subsection (2) from the Secretary of State, | |
must consider whether to do so. | 30 |
(4) Where sentencing guidelines or allocation guidelines have been issued by the | |
Council as definitive guidelines, the Council must from time to time (and, in | |
particular, if it receives a proposal under section 154(2) from the Panel or under | |
subsection (2) from the Secretary of State) consider whether to revise them. | |
(5) Where the Council decides to frame or revise sentencing guidelines, the | 35 |
matters to which the Council must have regard include— | |
(a) the need to promote consistency in sentencing, | |
(b) the sentences imposed by courts in England and Wales for offences to | |
which the guidelines relate, | |
(c) the cost of different sentences and their relative effectiveness in | 40 |
preventing re-offending, | |
(d) the need to promote public confidence in the criminal justice system, | |
and | |
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(e) the views communicated to the Council, in accordance with section | |
154(3)(b), by the Panel. | |
(6) Where the Council decides to frame or revise allocation guidelines, the matters | |
to which the Council must have regard include— | |
(a) the need to promote consistency in decisions under section 19 of the | 5 |
Magistrates’ Courts Act 1980 (c. 43), and | |
(b) the views communicated to the Council, in accordance with section | |
154(3)(b), by the Panel. | |
(7) Sentencing guidelines in respect of an offence or category of offences must | |
include criteria for determining the seriousness of the offence or offences, | 10 |
including (where appropriate) criteria for determining the weight to be given | |
to any previous convictions of offenders. | |
(8) Where the Council has prepared or revised any sentencing guidelines or | |
allocation guidelines, it must— | |
(a) publish them as draft guidelines, | 15 |
(b) consult about the draft guidelines— | |
(i) the Secretary of State, | |
(ii) such persons as the Lord Chancellor, after consultation with the | |
Secretary of State, may direct, and | |
(iii) such other persons as the Council considers appropriate. | 20 |
(9) The Council may, after making any amendment of the draft guidelines which | |
it considers appropriate, issue the guidelines as definitive guidelines. | |
154 Functions of Sentencing Advisory Panel in relation to guidelines | |
(1) Where the Council decides to frame or revise any sentencing guidelines or | |
allocation guidelines, otherwise than in response to a proposal from the Panel | 25 |
under subsection (2), the Council must notify the Panel. | |
(2) The Panel may at any time propose to the Council— | |
(a) that sentencing guidelines be framed or revised by the Council— | |
(i) in respect of offences or offenders of a particular category, or | |
(ii) in respect of a particular matter affecting sentencing, or | 30 |
(b) that allocation guidelines be framed or revised by the Council. | |
(3) Where the Panel receives a notification under subsection (1) or makes a | |
proposal under subsection (2), the Panel must— | |
(a) obtain and consider the views on the matters in issue of such persons | |
or bodies as may be determined, after consultation with the Secretary | 35 |
of State and the Lord Chancellor, by the Council, and | |
(b) formulate its own views on those matters and communicate them to the | |
Council. | |
(4) Paragraph (a) of subsection (3) does not apply where the Council notify the | |
Panel of the Council’s view that the urgency of the case makes it impracticable | 40 |
for the Panel to comply with that paragraph. | |
155 Duty of court to have regard to sentencing guidelines | |
(1) Every court must— | |
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(a) in sentencing an offender, have regard to any guidelines which are | |
relevant to the offender’s case, and | |
(b) in exercising any other function relating to the sentencing of offenders, | |
have regard to any guidelines which are relevant to the exercise of the | |
function. | 5 |
(2) In subsection (1) “guidelines” means sentencing guidelines issued by the | |
Council under section 153(9) as definitive guidelines, as revised by subsequent | |
guidelines so issued. | |
156 Annual report by Council | |
(1) The Council must as soon as practicable after the end of each financial year | 10 |
make to the Ministers a report on the exercise of the Council’s functions during | |
the year. | |
(2) If the Council is first constituted after the beginning of a financial year, the first | |
report may relate to a period beginning with the day on which the Council is | |
first constituted and ending with the end of the next financial year. | 15 |
(3) The Ministers must lay a copy of the report before each House of Parliament. | |
(4) The Council must publish the report once the copy has been so laid. | |
(5) In this section— | |
“financial year” means a period of 12 months ending with 31st March; | |
“the Ministers” means the Secretary of State and the Lord Chancellor. | 20 |
Duty of court to explain sentence | |
157 Duty to give reasons for, and explain effect of, sentence | |
(1) Subject to subsections (3) and (4), any court passing sentence on an offender— | |
(a) must state in open court, in ordinary language and in general terms, its | |
reasons for deciding on the sentence passed, and | 25 |
(b) must explain to the offender in ordinary language— | |
(i) the effect of the sentence, | |
(ii) where the offender is required to comply with any order of the | |
court forming part of the sentence, the effects of non- | |
compliance with the order, | 30 |
(iii) any power of the court on the application of the offender or any | |
other person, to vary or review any order of the court forming | |
part of the sentence, and | |
(iv) where the sentence consists of or includes a fine, the effects of | |
failure to pay the fine. | 35 |
(2) In complying with subsection (1)(a), the court must— | |
(a) where any guidelines are relevant to the sentence, refer to those | |
guidelines, | |
(b) where the sentence is a custodial sentence and the duty in subsection | |
(2) of section 135 is not excluded by subsection (1)(a) or (b) or (3) of that | 40 |
section, state that it is of the opinion referred to in section 135(2) and | |
why it is of that opinion, | |
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(c) where the sentence is a community sentence and the case does not fall | |
within section 134(2), state that it is of the opinion that section 131(1) | |
applies and why it is of that opinion, | |
(d) where as a result of taking into account any matter referred to in section | |
128(1), the court imposes a punishment on the offender which is less | 5 |
severe than the punishment it would otherwise have imposed, state | |
that fact, and | |
(e) in any case, mention any aggravating or mitigating factors which the | |
court has regarded as being of particular importance. | |
(3) Subsection (1)(a) does not apply— | 10 |
(a) to an offence the sentence for which is fixed by law, or | |
(b) to an offence the sentence for which falls to be imposed under | |
subsection (2) of section 110 or 111 of the Sentencing Act (required | |
custodial sentences). | |
(4) The Secretary of State may by order— | 15 |
(a) prescribe cases in which subsection (1)(a) or (b) does not apply, and | |
(b) prescribe cases in which the the statement referred to in subsection | |
(1)(a) or the explanation referred to in subsection (1)(b) may be made in | |
the absence of the offender, or may be provided in written form. | |
(5) Where a magistrates’ court passes a custodial sentence, it must cause any | 20 |
reason stated by virtue of subsection (2)(b) to be specified in the warrant of | |
commitment and entered on the register. | |
(6) In this section— | |
“guidelines” has the same meaning as in section 155; | |
“the register” has the meaning given by section 163 of the Sentencing Act. | 25 |
Publication of information by Secretary of State | |
158 Duty to publish information about sentencing | |
In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial | |
and other purposes) in subsection (1) before the “or” at the end of paragraph | |
(a) there is inserted— | 30 |
“(aa) enabling such persons to become aware of the relative | |
effectiveness of different sentences— | |
(i) in preventing re-offending, and | |
(ii) in promoting public confidence in the criminal justice | |
system;”. | 35 |
Supplementary | |
159 Interpretation of Chapter 1 | |
In this Chapter— | |
“allocation guidelines” has the meaning given by section 153(1)(b); | |
“the Council” means the Sentencing Guidelines Council; | 40 |
“the Panel” means the Sentencing Advisory Panel; | |
“sentence” and “sentencing” are to be read in accordance with section | |
126(3); | |
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