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The Magistrates' Courts (Northern Ireland) Order 1981, Section 96 is up to date with all changes known to be in force on or before 13 October 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.
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96.—(1) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975F1 or section 90 of the Magistrates' Courts Act 1980F2 provides that payment of a sum shall be enforceable in a petty sessions district in Northern Ireland, a court of summary jurisdiction acting for that district and the clerk of that court shall, subject to paragraph (2), have all the like functions under any statutory provision in respect of the sum (including power to make an order under Article 95) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, 1980 in respect of the sum before the making of the transfer of fine order had been made by that court.
(2) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975 or section 90 of the Magistrates' Courts Act 1980 provides for the enforcement of a fine originally imposed by the Crown Court, the term of imprisonment which may be imposed under this Order shall be—
(a)the term fixed in pursuance of section 31 of the Powers of Criminal Courts Act 1973 by the Crown Court, or
(b)a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount imposed by that court,
notwithstanding that the term exceeds the period applicable to the case under Schedule 3.
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