Section 142 Power of Crown Court to order search of persons before it.

England and Wales

(1)

Where—

F1(za)

the Crown Court orders a person to pay a surcharge under F2section 42 of the Sentencing Code,

(a)

the Crown Court imposes a fine on a person or forfeits his recognizance,

(b)

the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs),

F3(ba)

the Crown Court makes an order against a person under F4section 46 of the Sentencing Code (criminal courts charge),

(c)

the Crown Court makes F5an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) against a person,

F6(ca)

the Crown Court makes an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 against a person,

(d)

the Crown Court makes against a person an order under F7section 380(1) of the Sentencing Code (order for parent or guardian to pay fine, costs F8, compensation or surcharge), or

(e)

on the determination of an appeal brought by a person under section 108 of the M1Magistrates’ Courts Act 1980 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,

then, if that person is before it, the Crown Court may order him to be searched.

(2)

Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.

Annotations

Textual amendments

F1: S. 142(1)(za) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 53(a); S.I. 2007/602, art. 2(c)
F2: Words in s. 142(1)(za) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 167(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3: S. 142(1)(ba) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 10; S.I. 2015/778, art. 3, Sch. 1 para. 78
F4: Words in s. 142(1)(ba) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 167(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5: Words in s. 142(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 167(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F6: S. 142(1)(ca) inserted (15.10.2013 for E.; 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 10; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F7: Words in s. 142(1)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 167(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F8: Words in s. 142(1)(d) substituted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 53(b); S.I. 2007/602, art. 2(c)

Marginal citations

M1: 1980 c. 43.

Notes on Miscellaneous powers and duties of Crown Court in relation to recognizances etc.

Textual amendments

F1: Word in s. 139 cross-heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 164 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2