Prospective
113Enforcement of financial penalties: court proceedingsE+W
(1)This section applies where, in any proceedings for the enforcement of an amount registered under this section, the person against whom the proceedings are taken claims—
(a)not to be the person to whom the community caution was given,
(b)to have paid the amount that was required to be paid, or
(c)to have a reasonable excuse for not paying.
(2)The court may adjourn the proceedings, on one or more occasions, for the purpose of allowing the claim to be investigated, but must not adjourn for more than 28 days in total.
(3)The court must accept a claim under subsection (1)(a) or (b) unless it is shown, on the balance of probabilities, that the claim is unfounded.
(4)Where a court accepts a claim under subsection (1)(b), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.
(5)In the case of a claim under subsection (1)(c), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.
(6)Where a court accepts a claim under subsection (1)(c), the court may order that the condition of the caution by virtue of which the amount is required to be paid—
(a)ceases to have effect, or
(b)is varied so as to reduce the amount payable or to extend the time for payment (or both).
Commencement Information
I1S. 113 not in force at Royal Assent, see s. 208(1)