Magistrates' Courts Act 1980

92 Restriction on power to impose imprisonment for default

(1) A magistrates' court shall not exercise its power under section 76 above to issue a warrant to commit to prison a person who makes default in paying a sum adjudged to be paid by an order of such a court except where the default is under—

(a) a magistrates' court maintenance order;

(b) an order under section 32 of the [1974 c. 4.] Legal Aid Act 1974 (contribution by legally assisted person to cost of his defence in a criminal case); or

(c) an order for the payment of any of the taxes, contributions, premiums or liabilities specified in Schedule 4 to the [1970 c. 31.] Administration of Justice Act 1970.

(2) This section does not affect the power of a magistrates' court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.

(3) In this section—

• " magistrates' court maintenance order " means a maintenance order enforceable by a magistrates' court;

• "maintenance order" means any order specified in Schedule 8 to the [1970 c. 31.] Administration of Justice Act 1970 and includes such an order which has been discharged, if any arrears are recoverable thereunder.