Section 129: Fine imposed on offender by Crown Court: duty to make term in default order, Sentencing Act 2020

Subsections (3) to (5) also apply in relation to a fine imposed on such an offender—

by the criminal division of the Court of Appeal, or

by the Supreme Court on appeal from that division.

The court must make an order (a “term in default order”) fixing a term—

of imprisonment, or

of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

which the offender is to undergo if any sum which the offender is liable to pay is not duly paid or recovered.

Column 3 of the following table sets out the maximum term of imprisonment or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 which may be fixed by a term in default order in relation to a sum that is—

more than the corresponding entry (if any) in column 1, but

not more than the corresponding entry (if any) in column 2.

The offender may not be committed to prison, or detained, by virtue of a term in default order on the same occasion as the fine is imposed unless—

the offence to which the fine relates is punishable with imprisonment and the offender appears to the court to have sufficient means to pay the sum forthwith,

it appears to the court that the offender is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods,

on that occasion the court sentences the offender to immediate imprisonment, custody for life or detention in a young offender institution for that or another offence, or

the offender is already serving a sentence of custody for life or a term—

of imprisonment,

of detention in a young offender institution, or

of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default).

Where any person liable for the payment of a fine to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term (“the current term”)—

of imprisonment,

of detention in a young offender institution, or

of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default),

the court may order that any term of imprisonment or detention fixed by a term in default order is not to begin to run until after the end of the current term.

Where—

the Crown Court imposes a fine in exercise of powers to deal with an offender in any way in which a magistrates' court might have dealt, or could deal, with the offender, and

section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines) specifies a period that would have applied to the fine had it been imposed by a magistrates' court,

the term imposed by the Crown Court under subsection (3) in relation to the fine must not exceed that period.

For the purposes of any reference in this section, however expressed, to the term of imprisonment or other detention—

to which a person has been sentenced, or

which, or part of which, the person has served,

consecutive terms and terms which are wholly or partly concurrent are treated as a single term, unless the context otherwise requires.

Any reference in this section, however expressed, to a previous sentence is to be read as a reference to a previous sentence passed by a court in Great Britain.

Section 129: Fine imposed on offender by Crown Court: duty to make term in default order

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