OpenLegislation

Section 84 Power to require statement of assets and other financial circumstances .F4

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A magistrates’ court may, either before or on inquiring into a person’s means under section 82 above, and a justice of the peace acting F1in the same local justice area as that court may before any such inquiry, order him to furnish to the court within a period specified in the order such a statement of his F2assets and other financial circumstances as the court may require.

C1(2)

A person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding F3level 3 on the standard scale.

C2(3)

If a person in furnishing any statement in pursuance of an order under subsection (1) above makes a statement which he knows to be false in a material particular or recklessly furnishes a statement which is false in a material particular, or knowingly fails to disclose any material fact, he shall be liable on summary conviction to imprisonment for a term not exceeding 4 months or a fine not exceeding level 3 on the standard scaleor both.

C3(4)

Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) below, be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecutor, whichever period expires the earlier.

Annotations

Textual amendments

F1

Words in s. 84(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 221; S.I. 2005/910, art. 3(y)

F2

Words in s. 84(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 25(a); S.I. 2013/2981, art. 2(d)

F3

Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F4

Words in s. 84 heading substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 25(b); S.I. 2013/2981, art. 2(d)

Modifications

C1

S. 84(2)-(4) applied (21.9.2004) by Courts Act 2003 (c. 39), ss. 97(2), 110, Sch. 6 para. 2(4); S.I. 2004/2195, art. 2

C2

S. 84(2)-(4) applied (21.9.2004) by Courts Act 2003 (c. 39), ss. 97(2), 110, Sch. 6 para. 2(4); S.I. 2004/2195, art. 2

C3

S. 84(2)-(4) applied (21.9.2004) by Courts Act 2003 (c. 39), ss. 97(2), 110, Sch. 6 para. 2(4); S.I. 2004/2195, art. 2

Notes on Part III

Modifications

C1

Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))

Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)

Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.

C2

Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)

C3

Pt. III restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56, 57, 58, 173

C4

Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)