THIRD GROUP OF PARTSDisposals
PART 7Financial orders and orders relating to property
CHAPTER 1Fines
Availability
I1118Availability of fine: magistrates' court
1
A fine is available to a magistrates' court dealing with an offender for an offence if under the relevant offence provision a person who is convicted of that offence is liable to a fine.
2
If under the relevant offence provision the offender is liable to—
a
a fine of a specified amount,
b
a fine of not more than a specified amount,
the amount of the fine—
i
must not be more than that amount, but
ii
may be less than that amount (unless an Act passed after 31 December 1879 expressly provides to the contrary).
3
This is subject to—
a
section 121 (availability: fines not to be combined with certain other orders);
b
section 123 (limit on fines imposed by magistrates' courts in respect of young offenders).
4
In this section “relevant offence provision”, in relation to an offence, means—
a
the enactment creating the offence or specifying the penalty to which a person convicted of the offence is liable, or
b
that provision read in accordance with—
i
section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) and regulations under that section;
ii
section 86 of that Act (power to increase certain other fines on conviction by magistrates' court) and regulations under that section;
iii
section 32 of the Magistrates' Courts Act 1980 (penalties on summary conviction for offences triable either way);
iv
section 119 (power of magistrates' court to fine where only imprisonment etc specified);
v
section 122 (standard scale of fines),
and, for this purpose, “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.