Sentencing Act 2002 No 9 (as at 10 May 2011), Public Act

13 Sentence of fine
  • If a court is lawfully entitled under this or any other enactment to impose a fine in addition to, or instead of, any other sentence, the court must regard a fine as the appropriate sentence for the particular offence unless—

    • (a) the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by imposing a fine; or

    • (b) the court is satisfied that the application of any of the principles in section 8 to the particular case make a fine inappropriate; or

    • (c) any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing any other sentence or requires the court to impose any other sentence; or

    • (d) the court is satisfied that a fine, on its own or in addition to a sentence of reparation, would otherwise be clearly inadequate in the circumstances.