(1)This section applies if a court—
(a)makes a confiscation order, and
F178 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F179 Sections 129(1) to (3) and (5) and 132(1) to (4) of the Sentencing CodeF179] (functions of court as to fines and enforcing fines) apply as if the amount ordered to be paid were a fine imposed on the defendant by the court making the confiscation order.
[F180 (2A)Where a court is fixing a term of imprisonment or detention under [F181 section 129(3) of the Sentencing CodeF181] (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.
TABLE
| Amount | Maximum term |
|---|---|
| £10,000 or less | 6 months |
| More than £10,000 but no more than £500,000 | 5 years |
| More than £500,000 but no more than £1 million | 7 years |
| More than £1 million | 14 years |
(2B)In the application of [F182 subsection (2) of section 129 of the Sentencing CodeF182] by virtue of subsection (2) above, the reference to [F183 subsections (3) to (5)F183] of that section is to be read as a reference to—
(a)[F184 subsections (3) and (5)F184] of that section, and
(b)subsection (2A) above.
(2C)The Secretary of State may by order—
(a)amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under [F185 section 129(3) of the Sentencing CodeF185] (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;
(b)amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.F180]
(3)In the application of Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to an amount payable under a confiscation order—
(a)ignore section 75 of that Act (power to dispense with immediate payment);
(b)such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines) of that Act;
(c)in section 87 of that Act ignore subsection (3) (inquiry into means).
76.Section 35 explains how confiscation orders are to be enforced where the magistrates’ court is the enforcement authority. As at present, the order will be treated as a Crown Court fine and enforced, as is a Crown Court fine, by the use of the magistrates’ court’s fine enforcement powers, as set out in Part 3 of the Magistrates’ Courts Act 1980 but subject to some modifications. One of the main features of treating the order as a Crown Court fine is that the Crown Court, where it makes a confiscation order, is required to set a term of imprisonment in default of payment. The maximum default term that may be imposed is determined by the amount payable under the confiscation order. The maximum default term applicable to a particular confiscation order varies from 7 days, for an amount not exceeding £200 to, at the other end of the scale, ten years for an amount exceeding £1 million.