The Magistrates' Courts (Northern Ireland) Order 1981

Payment of sums adjudged to be paid by a conviction N.I.

91.—(1) Where a person has been adjudged to pay a sum by a conviction of a magistrates' court, the court may, subject to Article 93, order that person to pay that sum forthwith, allow time for payment or order payment by instalments.

(2) The court shall consider any representations made by such person as to the time to be allowed under paragraph (1) but that time shall not be less than twenty-eight days commencing with the day on which the sum is adjudged to be paid.

(3) Where the person ordered to pay the sum makes an application for permission to pay the sum by instalments the court shall allow such payment unless the court is satisfied that it would not be reasonable in all the circumstances to do so.

(4) The court may, on the application of the person ordered to pay the sum, allow further time for payment or vary an order for payment by instalments [F1 , unless there is a collection order in relation to the sum ] .

(5) Subject to paragraph (7), the court may in determining an application under paragraph (4) remit the whole or any part of the sum if the court thinks it just to do so having regard to any change in the circumstances of that person since the conviction, and where the court remits part of the sum after a period of imprisonment has been imposed in default of payment, the court shall also reduce that period by an amount which bears the same proportion to that period as the amount remitted bears to that sum.

(6) In calculating the reduction required under paragraph (5) any fraction of a day shall be left out of account.

(7) In considering whether to remit under paragraph (5) the whole or any part of—

(a) a sum to which section 143(3) of the Social Security (Northern Ireland) Act 1975F2 applies; or

(b) any compensation awarded to any person;

a magistrates' court shall take into account the representations (if any) made to it—

(i) in the case of a sum mentioned in sub-paragraph (a), by the Department of Health and Social Services;

(ii) in the case of any compensation, by the person to whom the compensation was awarded.

(8) Where before the expiration of the time allowed or of the period during which payment by instalments is allowed the person ordered to pay the sum indicates that he prefers immediate committal to awaiting the expiration of the time allowed for payment of the sum or of the remaining instalments, a warrant may be issued committing him to prison forthwith.

[F3 (9) Paragraph (8) does not apply in the case of a child except where committal would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998.]

F1 Words in art. 91(4) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), s. 61(2), Sch. 2 para. 3(2); S.R. 2018/99, art. 2(c)

F2 1975 c. 15

F3 Art. 91(9) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 30(8), 61(2) (with s. 30(12)); S.R. 2018/99, art. 2(a)