Section 41 — Sentencing Act 2002: Financial capacity of offender

41 Financial capacity of offender (1) If the court considers that a fine of less than $100 may be an appropriate sentence, it may assume that the offender has the means to pay the fine unless evidence is presented to the contrary. (2) If the court considers that a fine of $100 or more may be an appropriate sentence, but it is uncertain about the offender's ability to pay the fine, the court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 42 . (3) The court may decline to give a direction under subsection (2) and impose a fine without further inquiry if— (a) the type of information referred to in a declaration is available through other means (including, without limitation, a reparation report under section 33 ); or (b) in all the circumstances the court considers that a declaration is unnecessary. Compare: Criminal Justice Act 1991 (UK) s 20(1)