THIRD GROUP OF PARTSDisposals

PART 7Financial orders and orders relating to property

CHAPTER 1Fines

Exercise of powers

I1126Power to determine financial circumstances where offender is absent or fails to provide information

1

This section applies where an offender—

a

has been convicted in the offender's absence—

i

in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (non-appearance of accused), or

ii

in proceedings conducted in accordance with section 16A of that Act (trial by single justice on the papers), or

b

has failed—

i

to provide a statement of the offender's financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (offence of making false statement as to financial circumstances),

ii

to comply with an order under section 35(2) (statement as to offender's financial circumstances), or

iii

otherwise to co-operate with the court in its inquiry into the offender's financial circumstances.

2

If the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender for the purposes of section 125, it may make such determination as it considers appropriate.