Powers of Criminal Courts Act 1973 (repealed)

32 Enforcement, etc., of fines imposed and recognizances forfeited by Crown Court. E+W

(1) Subject to the provisions of subsection (4) below, a fine imposed or a recognizance forfeited by the Crown Court after 31st December 1967 shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or forfeited—

(a) by a magistrates’ court specified in an order made by the Crown Court; or

(b) if no such order is made, by the magistrates’ court by which the offender was committed to the Crown Court to be tried or dealt with;

and in the case of a fine as having been so imposed on conviction by the magistrates’ court in question.

(2) The term of imprisonment [F1 or detention under section 9 of the Criminal Justice Act 1982] specified in any warrant of commitment issued by a magistrates’ court on a default in the payment of a fine imposed, or sum due under a recognizance forfeited, by the Crown Court as the term which the offender is liable to serve shall be the term fixed by the latter court under section 31(2) of this Act or, if that term has been reduced under [F2 section 79(2) of the Magistrates’ Courts Act 1980] (part payment) or [F2 section 85(1) of that Act] (remission) that term as so reduced, notwithstanding that that term exceeds the period applicable to the case under . . . F3 . . . F4 [F5 section 149(1) of the Customs and Excise Management Act 1979] (maximum periods of imprisonment in default of payment of fines, etc.).

(3) The preceding provisions of this section shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references in those provisions to the Crown Court shall be construed accordingly.

(4) A magistrates’ court shall not under [F6 section 85(1) or 120 of the Magistrates’ Courts Act 1980], as applied by subsection (1) above, remit the whole or any part of a fine imposed or a sum due under a recognizance forfeited by the Crown Court without the consent of that court, [F6 and section 85(1)] shall have effect accordingly.

(5) A fine imposed or a recognizance forfeited by the criminal division of the Court of Appeal on appeal from the Crown Court or by the House of Lords on appeal from that division shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or forfeited by the Crown Court.

(6) Any fine or other sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of the [F7 Justices of the Peace Act 1979 and, in particular, section 61 thereof (application of fines and fees)] as having been imposed by a magistrates’ court, or as being due under a recognizance forfeited by such a court.

Textual Amendments

F1 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 33

F2 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 120(a)

F3 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 120(a) and repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F4 Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F5 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 4 para. 12 Table Pt. I

F6 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 120(b)

F7 Words substituted by Justices of the Peace Act 1979 (c. 55), Sch. 2 para. 25

Modifications etc. (not altering text)

C1 S. 32 extended by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 16(3) and by Supreme Court Act 1981 (c. 54, SIF 37), s. 140(3)(5)

C2 S. 32(1) modified by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(1)(6) and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 75(1)

C3 S. 32(1)(2) extended (3.2.1995) by 1994 c. 37, ss. 9(1)(6), 69(2) (with s. 66(2)).

S. 32(1)(2) extended (with modifications) (3.2.1995) by 1994 c. 37, ss. 9(1)(6), 19(7), 69(2) (with s. 66(2)).

C4 S. 32(2) modified by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(1)(6) and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 75(1)