Management of Offenders and Sentencing Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Management of Offenders and Sentencing Bill [HL]

Management of Offenders and Sentencing Bill [HL]
Schedule 5 — Increase of certain maxima
43

Provision
Present
New

amount
amount

Paragraph 4(7)(b) of Schedule 3
£2,500
£7,500

(maximum fine for refusing to give

deposition or produce exhibit)

5

Youth Justice and Criminal Evidence

Act 1999 (c. 23)

Section 57(2)(b) (penalty for giving false
£1,000
£3,000

unsworn evidence: adult or young

person)

10

Section 57(3) (penalty for giving false
£250
£750

unsworn evidence: child)

Powers of Criminal Courts (Sentencing)

Act 2000 (c. 6)

Section 7(4)(a) (maximum fine for person
£5,000
£15,000

15

committed to Crown Court after being

summarily tried because under 18)

Section 131(1) (maximum amount of
£5,000
£15,000

compensation order)

Paragraph 2(1) of Schedule 5 (maximum
£1,000
£3,000

20

fine for failing to comply with attendance

centre order or attendance centre rules)

Paragraph 2(2) of Schedule 7 (maximum
£1,000
£3,000

fine for failing to comply with

supervision order)

25

Proceeds of Crime Act 2002 (c. 29)

Section 67(6)(a) (maximum amount
£5,000
£15,000

payable for failure by bank or building

society to pay money on account of

amount payable under confiscation

30

order)

Criminal Justice Act 2003 (c. 44)

Section 211(5)(a) (unwillingness to
£5,000
£15,000

comply with drug rehabilitation

requirement: maximum fine for offender

35

who has attained age of 18)

Sub-paragraph (1)(a) of paragraph 12 of
£5,000
£15,000

Schedule 8 (as amended by paragraph 5

of Schedule 6 to this Act) (failure to

comply with community order:

40

maximum fine for offender who has

attained age of 18)

Management of Offenders and Sentencing Bill [HL]
Schedule 6 — Fixing of fines by reference to daily disposable income in case of certain contempts etc
44

2
In Schedule 6A to the Magistrates’ Courts Act 1980 (c. 43) (fines that may be
altered under section 143), for the table substitute—

                            “Enactment
  Maximum fine

Attachment of Earnings Act 1971 (c. 32)

Section 23(3) (judge’s fine)
£750

5

Magistrates’ Courts Act 1980 (c. 43)

Section 63(3)(a) (disobeying orders other than for
£15,000

payment of money)

Section 97(4) (refusing to give evidence)
£7,500

Contempt of Court Act 1981 (c. 49)

10

Section 12(2) (contempt in face of magistrates’
£7,500

court)

Section 14(2) (contempt in inferior court)
£7,500

County Courts Act 1984 (c. 28)

Section 55(2) (neglect or refusal to give evidence)
£3,000

15

Section 118(1) (contempt in face of court)
£7,500

Coroners Act 1988 (c. 13)

Section 10(1) (refusal to serve as juror)
£3,000

Section 10(2) (refusal to give evidence)
£3,000

Section 21(5) (refusal by medical practitioner to
£3,000

20

give evidence)

Powers of Criminal Courts (Sentencing) Act 2000

(c. 6)

Paragraph 2(1) of Schedule 5 (failure to comply
£3,000

with attendance centre order or attendance centre

25

rules)

Paragraph 2(2) of Schedule 7 (failure to comply
£3,000”.

with supervision order)

Schedule 6
Section 44

Fixing of fines by reference to daily disposable income in case of certain
30
contempts etc
Magistrates’ Courts Act 1980 (c. 43)
1
In section 97 of the Magistrates’ Courts Act 1980 (summons to witness etc),

Management of Offenders and Sentencing Bill [HL]
Schedule 6 — Fixing of fines by reference to daily disposable income in case of certain contempts etc
45

after subsection (4) (custody or fine for refusal) insert—
“(4A)
Section 164A of the Criminal Justice Act 2003 (fixing of fines by
reference to daily disposable income) applies for the purposes of
subsection (4) above as if the refusal to be sworn or give evidence or
to produce a document or thing were a summary offence punishable
5
by a fine not exceeding level 4 on the standard scale.”
Contempt of Court Act 1981 (c. 49)
2
In section 12 of the Contempt of Court Act 1981 (offences of contempt of
magistrates’ court), after subsection (2) insert—
“(2ZA)
Section 164A of the Criminal Justice Act 2003 (fixing of fines by
10
reference to daily disposable income) applies for the purposes of
subsection (2) above as if the contempt of court were a summary
offence punishable by a fine not exceeding level 4 on the standard
scale.”
3
In section 14 of that Act (offences of contempt in relation to proceedings in
15
England and Wales) after subsection (2) insert—
“(2ZA)
Section 164A of the Criminal Justice Act 2003 (fixing of fines by
reference to daily disposable income) applies for the purposes of
subsection (2) above as if the contempt of court were a summary
offence punishable by a fine not exceeding level 4 on the standard
20
scale.”
Crime and Disorder Act 1998 (c. 37)
4
In Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons
are sent for trial under section 51 or 51A of that Act), after paragraph 4(7)
(power to take deposition: penalty for refusal) insert—
25
   “(7A)
Section 164A of the Criminal Justice Act 2003 (fixing of fines by
reference to daily disposable income) applies for the purposes of
sub-paragraph (7)(b) above as if the refusal to have evidence taken
as a deposition or to produce a document or thing were a
summary offence punishable by a fine not exceeding level 4 on the
30
standard scale.”
Criminal Justice Act 2003 (c. 44)
5
In Schedule 8 to the Criminal Justice Act 2003 (breach of community order
etc), at the end of paragraph 12 (which becomes sub-paragraph (1) of that
paragraph) insert—
35
    “(2)
Section 164A (adult offenders to pay fines fixed by reference to
daily disposable income) applies for the purposes of sub-
paragraph (1)(a) as if the failure to comply with the requirements
of the community order were a summary offence punishable by a
fine not exceeding level 5 on the standard scale.”
40

Management of Offenders and Sentencing Bill [HL]
Schedule 7 — Minor and consequential amendments relating to Part 4
46

Schedule 7
Section 45

Minor and consequential amendments relating to Part 4
Magistrates’ Courts Act 1980 (c. 43)
1
In section 76 of the Magistrates’ Courts Act 1980 (enforcement of sums
adjudged to be paid), after subsection (3) insert—
5
“(3A)
In determining the length of that period, the court shall, where the
amount due is or includes an amount attributable to a daily income
fine, take into account the number of income units involved.
(3B)
In subsection (3A)—
“daily income fine” means a fine that is fixed under section
10
164A of the Criminal Justice Act 2003, without being
increased under section 164B(2) of that Act;
“income unit” has the same meaning as in section 164A of that
Act.”
2     (1)
Section 91 of that Act (transfer of fines from Scotland or Northern Ireland) is
15
amended as follows.
      (2)
After subsection (2) insert—
“(2A)
For the purpose of determining the period of imprisonment which
may be imposed under this Act in default of payment of a fine
originally imposed by a magistrates’ court in Northern Ireland,
20
Schedule 4 to this Act shall have effect as if for the Table set out in
paragraph 1 there were substituted the Table set out in paragraph 1
of Schedule 3 to the Magistrates’ Courts (Northern Ireland) Order
1981.”
      (3)
After subsection (3) insert—
25
“(3A)
Where a transfer of fine order under Order 95 of the Magistrates’
Court (Northern Ireland) Order 1981 or section 222 of the Criminal
Procedure (Scotland) Act 1995 provides for the enforcement of a fine
originally imposed by the Crown Court in Northern Ireland, the
term of imprisonment which may be imposed under this section
30
shall be—
(a)
the term fixed in pursuance of section 35 of the Criminal
Justice Act (Northern Ireland) Act 1945, or
(b)
a term which bears the same proportion to the term so fixed
as the amount of the fine remaining due bears to the amount
35
of the fine imposed by that court,

notwithstanding that the term exceeds the period applicable to the
case under Schedule 4 to this Act.”
3
In section 143 of that Act (power to alter sums specified), in subsection (3)
(definition of “relevant date”), for “section 17 of the Criminal Justice Act
40
1991” substitute “section 40 of the Management of Offenders and Sentencing
Act 2005”.

Management of Offenders and Sentencing Bill [HL]
Schedule 7 — Minor and consequential amendments relating to Part 4
47

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
4
Article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 (transfer
of fines elsewhere in United Kingdom) is amended as follows.
5
In paragraph (1), for “subject to paragraph 2” substitute “subject to
paragraphs (1A) and (2)”.
5
6
After that paragraph insert—
“(1A)
For the purpose of determining the period of imprisonment which
may be imposed under this Order in default of payment of a fine
originally imposed by a magistrates’ court in England and Wales,
Schedule 3 shall have effect as if for the Table set out in paragraph 1
10
there were substituted the Table set out in paragraph 1 of Schedule 4
to the Magistrates’ Courts Act 1980.”
Criminal Procedure (Scotland) Act 1995 (c. 46)
7
In section 222 of the Criminal Procedure (Scotland) Act 1995 (transfer of fine
orders), after subsection (6) insert—
15
“(6A)
But for the purpose of determining the period of imprisonment
which may be imposed under this Part of this Act by virtue of
subsection (6) above in default of payment of a fine originally
imposed by a magistrates’ court in England and Wales, section 219
of this Act shall have effect as if for the Table set out in subsection (2)
20
of that section there were substituted the Table set out in paragraph
1 of Schedule 4 to the Magistrates’ Courts Act 1980.”
8
In section 307 of that Act (interpretation), in subsection (1) insert at the
appropriate place—
““compensation order” has the meaning assigned to it by
25
section 249(1) of this Act except that in section 252 it includes
a compensation order within the meaning given by section
130(1) of the Powers of Criminal Courts (Sentencing) Act
2000;”.
Criminal Justice Act 2003 (c. 44)
30
9     (1)
Section 165 of the Criminal Justice Act 2003 (remission of fines) is amended
as follows.
      (2)
In subsection (1)—
(a)
for “where a court” substitute “where—
(a)
a court”;
35
(b)
at the end insert “, or
(b)
a magistrates’ court has determined the amount of
the offender’s daily disposable income under section
164A”.
      (3)
In subsection (2)(a), after “smaller amount” insert “or determined that the
40
amount of the offender’s daily disposable income was smaller”.
10    (1)
Section 166 of that Act (savings for powers to mitigate etc) is amended as
follows.

Management of Offenders and Sentencing Bill [HL]
Schedule 7 — Minor and consequential amendments relating to Part 4
48

      (2)
In subsection (1), after paragraph (d) insert—
“(e)
section 164A or 164B(2) (fixing of fines by reference to daily
disposable income),”.
      (3)
In subsections (3) and (5), for “subsection (1)(a) to (d)” substitute “subsection
(1)(a) to (e)”.
5
      (4)
After subsection (4) insert—
“(4A)
Any mitigation of a fine that falls to be fixed under section 164A is to
be effected by determining under that section a smaller number of
income units than would otherwise be determined.”
11
In section 305 of that Act (interpretation of Part 12), in subsection (1), at the
10
appropriate place insert—
“income unit” has the meaning given by section 164A.”
12
In section 330 of that Act (orders and rules), in subsection (1), after
paragraph (a) insert—
“(aa)
the power conferred by section 164A on the Lord Chancellor
15
to make rules;”.
13    (1)
Schedule 31 to that Act (modifications of community order provisions for
purposes of default order) is amended as follows.
      (2)
In paragraph 2 (unpaid work requirement), after sub-paragraph (2) (which
modifies section 199 of the Criminal Justice Act 2003) insert—
20
“(2A)
After subsection (2) there is inserted—
“(2A)
In determining the number of hours, the court must, where
the amount in default is or includes an amount attributable to
a daily income fine, take into account the number of income
units involved.
25
(2B)
In subsection (2A) “daily income fine” means a fine that is
fixed under section 164A, without being increased under
section 164B(2).””
      (3)
In paragraph 3 (curfew requirement), after sub-paragraph (2) (which
modifies section 204 of the Criminal Justice Act 2003) insert—
30
“(2A)
After subsection (2) there is inserted—
“(2A)
In determining the number of days, the court must, where the
amount in default is or includes an amount attributable to a
daily income fine, take into account the number of income
units involved.
35
(2B)
In subsection (2A) “daily income fine” means a fine that is
fixed under section 164A, without being increased under
section 164B(2).””