Page:Magistrates’ Courts Act 1980.pdf/35

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 * (i) not exceed £200; and
 * (ii) not be of such an amount as would subject the offender, in default of payment of the fine, to a longer term of imprisonment or detention than the term to which he is liable on conviction of the offence.

35. In fixing the amount of a fine, a magistrates’ court shall take into consideration among other things the means of the person on whom the fine is imposed so far as they appear or are known to the court.

36.—(1) Where a person under 17 years of age is found guilty by a magistrates’ court of an offence for which, apart from this section, the court would have power to impose a fine of an amount exceeding £200, the amount of any fine imposed by the court shall not exceed £200.

(2) In relation to a person under the age of 14 subsection (1) above shall have effect as if for the words “£200”, in both the places where they occur, there were substituted the words “£50”; but this subsection shall cease to have effect on the coming into force of section 4 of the Children and Young Persons Act 1969 (which prohibits criminal proceedings against children).

37.—(1) Where a person is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment, then, if on the day of the conviction he is not less than 15 but under 21 years old and is a person who under section 1(2) and (4) of the Criminal Justice Act 1961 may be committed for a sentence of borstal training, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with the provisions of section 20 of the Criminal Justice Act 1948.

(2) A person committed in custody under subsection (1) above shall be committed—
 * (a) if the court has been notified by the Secretary of State that a remand centre is available for the reception, from that court, of persons of the class or description of the person committed, to a remand centre;
 * (b) if the court has not been so notified, to a prison.

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