- Latest available (Revised)
- Original (As enacted)
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 88 is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
(2)In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a further steps notice) for “or 37(9)” substitute “ , 37(9) or 37A(4) ”.
(3)In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “ wishes to be able ”.
(4)After paragraph 37 insert—
(1)This paragraph applies if—
(a)the fines officer has delivered to P a notice (“the current notice”) that is—
(i)a further steps notice that has not been replaced by a notice under this paragraph, or
(ii)a notice under this paragraph that has not been replaced by a further notice under this paragraph,
(b)P remains liable to pay any part of the sum due, and
(c)the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice.
(2)The fines officer may deliver to P a notice replacing the current notice.
(3)A notice under this paragraph (a “replacement notice”) must—
(a)state that the fines officer intends to take one or more of the steps listed in paragraph 38,
(b)specify the steps that the fines officer wishes to be able to take, and
(c)be in writing and dated.
(4)P may, within 10 working days from the date of a replacement notice, appeal to the magistrates' court against it.
(5)If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.”
(5)In paragraph 38(1) (list of steps referred to)—
(a)after “37(6)(b)” insert “ , 37A(3)(a) ”, and
(b)in paragraph (a) (steps include issuing warrants that authorise taking control, and sale, of goods) for “levying” substitute “ recovering ”.
(6)In paragraph 39 (powers of court on referrals and appeals)—
(a)in sub-paragraph (1)(c)—
(i)after “37(9)” insert “ or 37A(4) ”, and
(ii)after “further steps notice” insert “ or replacement notice ”, and
(b)in sub-paragraph (4) after “further steps notice” insert “ or replacement notice ”.
(7)In paragraph 40 (implementation of notice)—
(a)after “further steps notice”, in both places, insert “ or replacement notice ”, and
(b)after “may be taken” insert “ and retaken ”.
(8)After paragraph 40 insert—
(1)This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due.
(2)The fines officer may withdraw the warrant if—
(a)P remains liable to pay any part of the sum due, and
(b)the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact.
(1)This paragraph applies if—
(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and
(b)the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.
(2)The magistrates' court may discharge the warrant if—
(a)P remains liable to pay any part of the sum due, and
(b)the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc) would have been exercisable by the court if the court had issued the warrant.
(1)This paragraph applies if condition A or B is met.
(2)Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.
(3)Condition B is that—
(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,
(b)the fines officer has referred P's case to the magistrates' court under paragraph 42,
(c)the magistrates' court has discharged the warrant of control under paragraph 40B(2), and
(d)the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).
(4)If P remains liable to pay any part of the sum due, the fines officer must—
(a)take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or
(b)deliver to P a replacement notice and take one or more of the steps specified in that notice, or
(c)refer P's case to, or back to, the magistrates' court under paragraph 42.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: