§ MAXIMUM PERIODS OF IMPRISONMENT FOR DEFAULTING ON FINES ETC
Lords amendment: No. 164, in page 51, leave out lines 21 to 26 and insert—
(a) the following subsections shall be substituted for subsections (2) to (4)——
(2) Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court shall make an order fixing a term of imprisonment or of detention under section 8 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default) which he is to undergo if any sum which he is liable to pay is not duly paid or recovered.
(3) No person shall on the occasion when a fine is imposed on him or his recognizance is forfeited by the Crown Court be committed to prison or detained in pursuance of an order under subsection (2) above unless
(a) in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;
(b) it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or
(c)on the occasion when the order is made the court sentences him to immediate imprisonment, custody for life, youth custody or detention in a detention centre for that or another offence, or sentences him
as aforesaid for an offence in addition to forfeiting his recognizance, or he is already serving a sentence of custody for life or a term—
- (i)of imprisonment;
- (ii)of youth custody;
- (iii)of detention in a detention centre; or
- (iv)of detention under section 8 of the Criminal Justice Act 1982.
(3A) Subject to subsections (3B) and (3C) below, the periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention under subsection (2) above applicable respectively to the amounts set out opposite thereto.
Mr. Deputy Speaker
With this we may take Lords amendments Nos. 165 to 168, 245, 272, 277, 283A and 286.
§ Mr. Mayhew
Amendments Nos. 164 to 167 and the associated amendments to the schedules are all tidying up amendments which flow from our acceptance in Committee in this House of the provision in clause 52 that restricts the powers of the Crown court in the imposition of a custodial term in default of the payment of a fine or a forfeited recognisance.
Amendments Nos. 168 and 277 bring the provisions for defaulters on a fine imposed by a court martial into line with the provisions for defaulters on fines imposed by magistrates courts and the Crown court.
§ Question put and agreed to.
§ Lords amendments Nos. 165 to 170 agreed to.