Fines imposed following criminal conviction

Published by a LexisNexis Corporate Crime expert
Practice notes

Fines imposed following criminal conviction

Published by a LexisNexis Corporate Crime expert

Practice notes
imgtext

The key provisions relating to the imposition of fines following conviction are found in sections 118–132 of the Sentencing Act 2020 (SA 2020) (also known as the Sentencing Code).

A fine is a financial Penalty imposed on conviction either instead of, or in addition to, any other sentence if, under the relevant offence provision, that offence is liable to a fine. A fine can be imposed in the Crown Court or the magistrates’ court and should always be proportionate to the gravity of the offence.

Any fine imposed following conviction must not exceed the maximum specified amount provided by the relevant offence (if such a limit is specified).

A fine will never be appropriate when the seriousness of the offence requires an immediate custodial sentence and must not be imposed where the offence is one in relation to which a mandatory sentence requirement applies (such as life imprisonment for Murder). See: A-G's Reference (No 41 of 1994) (1995) 16 Cr App Rep (S) 792 (not reported by LexisNexis®).

Maximum fines

Magistrates’ court

Certain criminal offences dealt with by the magistrates’ court, have a maximum fine prescribed

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Penalty definition
What does Penalty mean?

A penalty clause is one that determines the sum or penalty that must be paid on a contractual breach, but where that sum is greater than the likely loss resulting from that breach. When a sum specified as payable is extravagant or totally out of proportion to the range of possible losses that might be incurred, the provision will be a penalty and unenforceable to the extent that the sum is greater than the party’s actual loss.

Popular documents