The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The collection and enforcement of fines, as well as other financial orders such as prosecution costs, compensation and surcharges, is conducted by the magistrates’ courts regardless of whether the fine was imposed in the magistrates’ court or the Crown Court. Schedule 5 to the Courts Act 2003 (CoA 2003), Part 3 of the Magistrates Courts Act 1980 (MCA 1980) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) make provisions for the payment and enforcement of fines and gives fines officers, powers of enforcement when fines are not paid.
The magistrates’ court which sentenced the offender is responsible for the collection of the fine and financial orders made against them. Where a fine is imposed by the Crown Court, the fine order will specify which magistrates’s court is responsible for the collection of the fine. This is typically the magistrates’ court which sent the offender to the Crown Court for trial or sentencing.
Fines are payable immediately but if the court considers it appropriate, a collection order can be made to allow an offender time to pay all or some of the fine. Where an offender is in financial difficulty and requires time to pay any financial penalty imposed, this should be brought to the sentencing court’s attention during the delivery of mitigation. See Practice Note: Mitigation in the sentencing of criminal
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