§ Mr. Nelsonasked the Secretary of State for the Home Department what guidance the Home Office proposes to give to courts regarding Section 36 of the Criminal Law Act 1977 empowering courts, if in all the circumstances it is reasonable, to make orders transferring fines from juveniles to their parents or guardians; and what consultations have taken place with relevant statutory, professional and voluntary organisations in framing the guidance.
§ Mr. JohnSection 36 of the Criminal Law Act 1977 extends the power in the Children and Young Persons Act 1933 for courts to order a parent, in certain circumstances, to pay a fine incurred by his child. The courts' attention has been drawn to38W this new provision, but it would be inappropriate for the Home Office to issue guidance to them on how they should exercise the discretion which it gives them, since the independence of the judiciary is central to our legal system.
§ Mr. Nelsonasked the Secretary of State for the Home Department under what circumstances a parent or guardian can be sent to prison for non-payment of a fine transferred from a juvenile under Section 36 of the Criminal Law Act 1977.
§ Mr. JohnA fine transferred to a parent or guardian under Section 36 of the Criminal Law Act 1977 may be enforced as if it had been imposed on the conviction of the parent or guardian. Section 44, as amended, of the Criminal Justice Act 1967, which deals with imprisonment for non-payment of fines, is therefore applicable.