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Section 127: Remission of fines following determination under section 126

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 7: Financial orders and orders relating to property — CHAPTER 1: Fines

This section applies where a court has, in fixing the amount of a fine, determined the offender's financial circumstances under section 126 (offender absent or failing to provide information).

If on subsequently inquiring into the offender's financial circumstances the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—

would have fixed a smaller amount, or
would not have fined the offender,

it may remit the whole or part of the fine.

Where under this section the court remits the whole or part of a fine after a term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, has been fixed under—

section 129, or
section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default),

it must reduce the term by the corresponding proportion.

In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.

Subsection (6) applies where—

under this section the court remits the whole or part of a fine,
the offender was ordered under section 42 to pay a surcharge, and
the amount of the surcharge was set by reference to the amount of the fine.

The court must—

determine how much the surcharge would have been if the fine had not included the amount remitted, and
remit the balance of the surcharge.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.