# The Criminal Justice (Northern Ireland) Order 1996, Article 29: Fixing of fines

Extent: N.I.

(1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court shall inquire into his financial circumstances.
(2) The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.
(3) In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.
(3A) In applying paragraph (3), a court must not reduce the amount of a fine on account of any offender levy it orders the offender to pay under section 1 of the Justice Act (Northern Ireland) 2011, except to the extent that the offender has insufficient means to pay both.
(4) Where—
(a) an offender has been convicted in his absence in pursuance of Article 23 or 24 of the 1981 N1 26. Magistrates' Courts (Northern Ireland) Order 1981 (non-appearance of accused), or
(b) an offender—
(i) has failed to comply with an order under Article 30(1); or
(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,
or
(c) the parent or guardian of an offender who is under the age of 18 years—
(i) has failed to comply with an order under Article 30(2A); or
(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,
and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.
(5) Paragraph (3) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.
(5A) For the purposes of any order under Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 against a parent or guardian of an officer (parent of guardian to pay fine, etc. , instead of child)—
(a) this Article and Article 32 shall have effect (so far as applicable) as if any reference to the financial circumstances of the offender were a reference to the financial circumstances of the parent or guardian; but
(b) for the purposes of any such order made against the appropriate authority (within the meaning of that Order) paragraph (1) shall not apply.
(6) The amendments made by Schedule 3 shall have effect.

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Source: https://www.legislation.gov.uk/nisi/1996/3160/article/29 (the official version)
Page: https://openlegislation.uk/criminal-justice-northern-ireland-order-1996/article-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.