Fines in combination with other sentences
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| Circumstance |
Approach |
| A fine may be imposed in addition to any other penalty for the same offence except: |
- a hospital order
- a discharge
- a referral order
- a sentence fixed by law (murder)
- a minimum sentence imposed under section 311, 312, 313, 314 or 315 of the Sentencing Code
- a life sentence imposed under section 274 or 285 of the Sentencing Code or a sentence of detention for life for an offender under 18 under section 258 of the Sentencing Code
- a life sentence imposed under section 273 or 283 of the Sentencing Code
- a serious terrorism sentence under section 268B or 282B of the Sentencing Code
(Sections 118 to 121 of the Sentencing Code)
|
| Fines and determinate custodial sentences |
A fine should not generally be imposed in combination with a custodial sentence because of the effect of imprisonment on the means of the offender. However, exceptionally, it may be appropriate to impose a fine in addition to a custodial sentence where:
- the sentence is suspended OR
where:
- a confiscation order is not contemplated and
- there is no obvious victim to whom compensation can be awarded and
- the offender has, or will have, resources from which a fine can be paid
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