Fined without an assessment of means

Section 165 of the Criminal Justice Act 2003 gives the court power to remit fines where the fine has been imposed without an ascertainment of means. It states;

165 Remission of fines

(1)This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).

(2)If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a)have fixed a smaller amount, or

(b)not have fined him,

it may remit the whole or part of the fine.

(3)Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 139 of the Sentencing Act (powers of Crown Court in relation to fines) or section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) it must reduce the term by the corresponding proportion.

(4)In calculating any Reduction required by subsection (3), any fraction of a day is to be ignored.

Complete a Form MC100 and send it to court with the template letter below.