Section 161E: Making an income reduction order, Sentencing Act 2020

An income reduction order must specify—

the percentage of the offender’s excess monthly income payable under the order,

the period for which the order has effect,

the date or dates by which payments under the order must be made, and

the person to whom payments under the order must be made.

The period for which the order has effect may not exceed the operational period of the suspended sentence order mentioned in section 161D(1)(c).

In determining—

whether to make an income reduction order against an offender, or

the percentage of the offender’s excess monthly income payable under the order,

the court must have regard to the offender’s means, so far as they appear or are known to the court.

Where the court considers—

that it would be appropriate to impose both an income reduction order and one or more of—

a compensation order,

an unlawful profit order, or

a slavery and trafficking reparation order, but

that the offender has insufficient means to pay both the income reduction order and appropriate amounts under such of those orders as it would be appropriate to make,

the court must give preference to such of the orders in paragraph (a)(i)to (iii) as it would be appropriate to make (though it may impose an income reduction order as well).

For the effect of proceedings in relation to confiscation orders on the court’s powers in relation to income reduction orders, see the following provisions of the Proceeds of Crime Act 2002—

section 13 (where confiscation order has been made);

section 15A (where court sentences before confiscation proceedings).

In this section—

“the operational period” has the meaning given by section 288(2);
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

Section 161E: Making an income reduction order

Discussed in

About this text