§ Mr. Michael
To ask the Secretary of State for the Home Department what action he intends to take to ensure that all an individual's assets and income are taken into account by the court in assessing the level of unit fine under the Criminal Justice Act 1991.
§ Mr. Jack
The Criminal Justice Act 1991 already requires magistrates courts to take the whole of an individual's income, including income from assets, into account in assessing an offender's weekly disposable income for the purpose of determining the value of a unit 509W in accordance with the provisions of section 18 of the Act, as well as such other information relating to an offender's means as appears to the court to be relevant. A specific exception is made for child benefit.
Under section 20 of the Criminal Justice Act 1991, a court may order a convicted person to provide the court with a statement of means. Failure to do so is an offence punishable by a fine of up to £1,000. Provision of false information or omission of any material fact is an offence punishable by a fine of up to £2,500.