Commentary on Sections Schedule 16: Dealing non-custodially with offenders Part 6: Statements of assets and other financial circumstances of offenders etc
522.Part 6 makes changes to the current powers of courts to order offenders to provide a statement of their financial circumstances in various contexts. These powers exist in order to support courts in fixing a fine or other financial order that is proportionate and equitable with regard to an offender’s circumstances. The provisions in Part 6 make it clear that courts can order such a statement to provide details of an offender’s assets as well as their income or outgoings. Courts’ powers under existing provisions are broadly framed, and provide them with discretion to require such details as they see fit. As a result, these changes will give courts the discretion to request information about offenders’ assets, rather than requiring them to do so in every case.
523.Paragraph 24 amends the power of courts under section 162 of the CJA 2003 to order a statement of an offender’s financial circumstances before sentencing him or her. Section 162, as amended, makes it clear that a court can order an offender to provide such a statement of his or her assets and other financial circumstances as the court may require.
524.Paragraph 25 amends the power of magistrates’ courts (in section 84 of the Magistrates’ Courts Act 1980) to require a statement of an offender’s means before considering whether to issue a distress warrant or commit to custody in cases involving offenders who have defaulted on a fine or other sum payable on conviction. This change makes it clear that a statement required under section 84 may relate to an offender’s assets as well as to the offender’s other financial circumstances.
525.Paragraph 26 makes consequential amendments to the offence under section 20A of the Criminal Justice Act 1991 of failing to provide information about financial circumstances to a court after an official request. The amendments make it clear that the references in the section to a statement of financial circumstances include references to a statement of assets, of other financial circumstances or of both.
526.Paragraph 27 amends the power of courts (in section 13B of the Crime and Disorder Act 1998) to order a statement of financial circumstances when considering whether to impose a parental compensation order on the parent or guardian of a child under 10 who, were it not for their age, would by their behaviour have committed an offence. The amendments make it clear that the statement may relate to assets as well as to other financial circumstances.
527.Paragraph 28 makes consequential amendments to the offence under Schedule 5 to the Courts Act 2003 of making a false statement in response to a request for information about financial circumstances. It also amends the power of magistrates’ courts under Schedule 6 to that Act to order a statement of financial circumstances from a fine defaulter in respect of whom the court is considering making a work order. The amendments make it clear that the statements concerned may relate to assets as well as to other financial circumstances.