Part 3B —Sentences—fines; Division 1 — Fines

Question 1

49 Power to fine

Answer 1

If person found guilty of an offence - court may, subject to any other specific provision, fine offender in addition to or instead of any other sentence to which offender may be liable

Question 2

50 Maximum fine

Answer 2

(1) Maximum fine that court may impose under s 49 is—
(a) Either the amount specified in the offence provision; or
(b) (2) Set out in s109(2) or (3) as the case requires according to the level of the offence or term of imprisonment that may be imposed.
(3) Fine does not include costs

Question 3

51 Aggregate fines

Answer 3

(1) If a person is found guilty of 2+ offences which are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character, the court may impose one fine in respect of those offences that does not exceed the sum of the maximum fines that could be imposed in respect of each of those offences
● (1A) But not if at least one of them is standard sentence offences
● (2)(a) Not required to identify separate events giving rise to specific charges; and
● (b)(i) Not required to announces individual sentences that would have been imposed (ii) or whether they would have been imposed cumulatively or concurrently.
● (3) For avoidance of doubt, agg fine may be imposed for rolled up or rep charge (see above)
● (4) Doesn’t affect 6AAA requirements

Question 4

52 Financial circumstances of offender

Answer 4

● (1) In determining amount/methods of payment Court must take into account A.F.A. practicable financial circs of offender and nature of burden that payment will impose
● (2) Not prevented from fining though only because unable to obtain info about financial circs of offender

Question 5

53 Court to take forfeiture, compensation and restitution orders into account

Answer 5

(1) In considering financial circs, court must account any such orders made/proposed
(a) forfeiture orders (b) compensation and restitution orders
(2) The court must give preference to imposing an order on the offender to make restitution or pay compensation, though it may impose a fine as well on the offender, if the court considers (a) insufficient means to pay fine AND restitution/compensation order; AND
(b) it would be appropriate both to impose fine and to make restitution/compensation order.

Question 6

54 Other matters court may have regard to in fixing amount of fine (inclusive)

Answer 6

(a) any loss/destruction of/damage to, property suffered by person as result of the offence
(b) the value of any benefit derived by the offender as a result of the offence