Section 81 Enforcement of fines imposed on young offenders.C1

England and Wales

(1)

Where a magistrates’ court would, but for F1section 227 of the Sentencing Code, have power to commit to prison a person under F2the age of 18 for a default consisting in failure to pay, or want of sufficient F3goods to satisfy, a sum adjudged to be paid by a conviction, the court may, subject to the following provisions of this section, make—

(a)

an order requiring the defaulter’s parent or guardian to enter into a recognizance to ensure that the defaulter pays so much of that sum as remains unpaid; or

(b)

an order directing so much of that sum as remains unpaid to be paid by the defaulter’s parent or guardian instead of by the defaulter.

(2)

An order under subsection (1) above shall not be made in respect of a defaulter—

(a)

in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents;

(b)

in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.

(3)

None of the following orders, namely—

(a)

an order under F4 section 60(1) of the said Act of 2000 M1 for attendance at an attendance centre; or

(b)

any order under subsection (1) above,

shall be made by a magistrates’ court in consequence of a default of a person under the age of 18 years consisting in failure to pay, or want of sufficient F5goods to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter’s means in his presence on at least one occasion.

(4)

An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.

(5)

An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.

(6)

A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.

(7)

Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.

(8)

In this section—

“guardian”, in relation to a person under the age of 18, means a person appointed, according to law, to be his guardian F6, or by order of a court of competent jurisdiction;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
“sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including F8a compensation order (within the meaning given by section 133 of the Sentencing Code).