The Penalty Notices (Justice Act (Northern Ireland) 2011) (Enforcement of Fines) Regulations (Northern Ireland) 2012 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the procedure for enforcing an unpaid Penalty Notice given under Part 6, Chapter 1 of the Justice Act (Northern Ireland) 2011 (“the 2011 Act”). Under the 2011 Act, the police may issue a Penalty Notice to an offender (who is over 18 years) in respect of certain specified offences (e.g. criminal damage). Where the offender fails to pay the Penalty Notice within the time allowed, the police may register it with a magistrates' court for enforcement as a sum adjudged to be paid by a conviction. Specifically –

Regulation 2 sets out a number of definitions of phrases used in the Regulations.

Regulation 3 provides that an unpaid Penalty Notice should registered either in the petty sessions district in which the offender appears to reside, or where the offender does not appear to reside in Northern Ireland, in the petty sessions district in which the offence occurred. It also provides the clerk of petty sessions must give notice of the registration of the offender.

Regulation 4 prescribes the procedure for enforcement where the offender appears to reside in Northern Ireland. In such circumstances it is open to the court to either issue a warrant or a summons requiring the offender to be come before the court.

Regulation 5 provides that where the offender appears to reside in England, Wales or Scotland, the court may use any of the powers open to it under Part IX of the Magistrates' Courts (Northern Ireland) Order 1981 (Satisfaction and Enforcement of Orders) (“the 1981 Order”).

Regulation 6 prescribes the procedure which to be followed where the court has issued a warrant.

Regulation 7 prescribes the procedure to be followed at the hearing and allows the court to make any order open to it under Part IX of the 1981 Order.

Regulation 8 sets out certain modification to Part IX of the 1981 Order in its application to enforcement of Penalty Notices under these Regulations.

Regulation 9 allows the court to remit the sum payable under the Penalty Notice in certain circumstances (e.g. where the offender has died or cannot be found).

Regulation 10 provides that an appeal against an order of the court in relation to a Penalty Notice shall be to the county court and shall be treated as if it where an order made on conviction.

Regulation 11 provides that section 24 of the Interpretation Act (Northern Ireland) 1954 applies in relation to the service of documents under these Regulations.

Regulation 12 allows a civil servant in the Department of Justice to prosecute and conduct any proceedings under these Regulations before the court.