Section 40 — Sentencing Act 2002: Determining amount of fine

40 Determining amount of fine (1) In determining the amount of a fine, the court must take into account, in addition to the provisions of sections 7 to 10 , the financial capacity of the offender. (2) Subsection (1) applies whether taking into account the financial capacity of the offender has the effect of increasing or reducing the amount of the fine. (3) If under an enactment an offender is liable to a fine of a specified amount, the offender may be sentenced to pay a fine of any less amount, unless a minimum fine is expressly provided for by that enactment. (4) If a court imposes a fine in addition to a sentence of reparation, it must, in fixing the amount of the fine, take into account the amount payable under the sentence of reparation. Compare: 1985 No 120 ss 26(4) , 27 ; Criminal Justice Act 1991 (UK) s 18