Justices of the Peace Act 1979 (repealed 19.6.1997)

61 Application of fines and fees. E+W

(1) Subject to [F1 paragraphs (a) and (b) of section 139 of the Magistrates’ Courts Act 1980](which relates to the disposal of sums adjudged to be paid by a summary conviction) and to the following provisions of this section, there shall be paid to the [F2 Lord Chancellor]—

(a) all fines imposed by a magistrates’ court and all sums which become payable by virtue of an order of such a court and are by any enactment made applicable as fines so imposed or any class or description of such fines; and

(b) all other sums received by a justices’ clerk by reason of his office except sums to which a person other than the [F2 Lord Chancellor] is by law entitled and which are paid to that person [F3 and sums paid into court in pursuance of orders under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders)].

(2) The sums payable to the [F2 Lord Chancellor] by virtue of paragraph (a) of subsection (1) above shall not include—

(a) any sums which by or in pursuance of any provision in the enactments relating to those sums are directed to be paid to the Commissioners of Customs and Excise or to any officer of theirs or person appointed by them; or

(b) any sums which by or in pursuance of any such provision are directed to be paid to or for the benefit of the party aggrieved, party injured or a person described in similar terms, or to or for the benefit of the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence; or

(c) any sums which by or in pursuance of any such provision are directed to be applied in making good any default or repairing any damage or paying or reimbursing any expenses (other than those of the prosecution); or

(d) any sums which are directed to be paid to any person by or in pursuance of any such provision referring in terms to awarding or reimbursing a loss, or to damages, compensation or satisfaction for loss, damage, injury or wrong.

(3) Paragraph (b) of subsection (1) above shall not apply to sums received by a justices’ clerk on account of his salary or expenses as such; and any sum paid to the [F2 Lord Chancellor] by virtue of that paragraph shall be paid to him subject to its being repaid to any person establishing his title to it.

(4) The [F2 Lord Chancellor], with the concurrence of the Treasury, may by statutory instrument make regulations as to the times at which, and the manner in which, justices’ clerks shall account for and pay the sums payable to him under this section, and as to the keeping, inspection and audit of accounts of justices’ clerks, whether for the purposes of this section or otherwise.

(5) For the purposes of this section anything done by the Crown Court on appeal from a magistrates’ court shall be treated as done by the magistrates’ court.

(6) Any sums received by the [F2 Lord Chancellor] under this section shall be paid by him into the Consolidated Fund.

(7) In this section “fine” includes—

(a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and

(b) any non-pecuniary forfeiture on conviction by, or under any order of, a magistrates’ court so far as the forfeiture is converted into or consists of money,

and “justices’ clerk” includes a clerk of special sessions.

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 197

F2 Words in s. 61 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F3 Words added by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 170(1), Sch. 8 para. 16, Sch. 15 para. 63

Modifications etc. (not altering text)

C3 S. 61 extended by Transport Act 1982 (c.49, SIF 107:1), s. 33(1) ; by Road Traffic Regulation Act 1984 (c.27, SIF 107:1), s. 145(5), Sch. 12 para. 4(3); by Drug Trafficking Offences Act 1986 (c.32, SIF 39:1), s. 12(3) and by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 81(8), 123(6), Sch. 8 para. 16

C4 S. 61 modified by Road Traffic Offenders Act 1988 (c.53, SIF 107:1), ss. 82(1), 92

C5 S. 61 extended (E.W.) by Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4, SIF 39:2), s. 13(8), Sch. 4 para. 1(3)

S. 61 extended (3.2.1995) by 1994 c. 37, ss. 30(8), 69(2)

C6 S. 61(4) extended by Prosecution of Offences Act 1985 (c.23, SIF 39:1), s. 20(5)

C7 S. 61(4) applied by Legal Aid Act 1988 (c.34, SIF 77:1), ss. 24(6), 30, Sch. 3 Pt. I para. 4(2)