A condition that the offender pay a financial penalty (a "financial penalty condition") may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
The amount that may be prescribed in respect of any offence (other than one to which subsection (4A) applies) must not exceed—
whichever is the lower.
The Secretary of State may by order amend subsection (3) by—
In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).
Where a financial penalty condition is attached to a conditional caution, the condition must specify—
To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).
Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
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