Schedules Schedule 2: Sentencing Consolidation: Pre-Consolidation Amendments The availability of fines in the Crown Court
Section 163 of the Criminal Justice Act 2003 provides the Crown Court with the power to impose a fine of any amount instead of, or in addition to, dealing with the offender in any other way in which the court has power to deal with them. This section is subject to specific restrictions, including where a sentence falls to be imposed under sections 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum sentences for repeat class A drug trafficking or domestic burglary offences, respectively).
	Paragraph 63 omits the reference to section 110 of the Powers of Criminal Courts (Sentencing) Act 2000. It does this because all the offences to which section 110 of the 2000 Act applies (relating to drug trafficking offences) already have maximum sentences allowing for imprisonment and an unlimited fine to be imposed. Accordingly, even where a minimum sentence applies under section 110, a fine may still be imposed alongside a custodial term. It was considered that the retention of the reference to section 110 risked confusing matters and introducing doubt here.
	The reference to section 111 of the 2000 Act has not been omitted because the maximum sentence for burglary under section 9 of the Theft Act 1968 does not confer on the Crown Court the power to impose a sentence of imprisonment and a fine. Accordingly, to omit the reference to section 111 would be to confer on the Crown Court the power to also impose a fine where the minimum sentence under section 111 applied, and therefore increase the maximum sentence available for the offence.