A magistrates’ court by whose conviction or order a sum is adjudged to be paid may, instead of requiring immediate payment, allow time for payment, or order payment by instalments.

Where a magistrates’ court has allowed time for payment, the court may, on application by or on behalf of the person liable to make the payment, allow further time or order payment by instalments.

An order under this section that a lump sum required to be paid under a maintenance order shall be paid by instalments (a “maintenance instalments order”) shall be treated for the purposes of sections 59, 59B and 60 above as a maintenance order.

Section 60 above shall have effect in relation to a maintenance instalments order as if in subsection (7), paragraph (c) and the word “and” immediately preceding it were omitted.

Where a court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

Subject to the following provisions of this Part of this Act, and to section 132 below F2, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison.

The period for which a person may be committed to prison under such a warrant as aforesaid shall not, subject to the provisions of any enactment passed after 31st December 1879, exceed the period applicable to the case under Schedule 4 to this Act.

Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under paragraphs (a) to (d) of section 59(3) above.

Subsections (4), (5) and (7) of section 59 above shall apply for the purposes of subsection (4) above as they apply for the purposes of that section.

Subsections (4) and (5) above shall not have effect in relation to a maintenance order which is not a qualifying maintenance order (within the meaning of section 59 above).

Where a magistrates’ court has power to issue a warrant of distress under this Part of this Act, it may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

Where a magistrates’ court has power to issue a warrant of commitment under this Part of this Act, it may, if it thinks it expedient to do so, fix a term of imprisonment F4or detention under F5section 108 of the powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged F518 to 20 for default)and postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting F7in the local justice area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.

Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.

If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.

A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates’ court shall not, if it states that the sum has been so adjudged to be paid, be held void by reason of any defect in the warrant.

A person acting under a warrant of distress shall not be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant.

Nothing in this section shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the warrant or irregularity in its execution.

If any person removes any goods marked in accordance with F9rules of court as articles impounded in the execution of a warrant of distress, or defaces or removes any such mark, he shall be liable on summary conviction to a fine not exceeding F10level 1 on the standard scale.

If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding F10level 1 on the standard scale.

Where imprisonment or other detention has been imposed on any person by the order of a magistrates’ court in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient distress to satisfy such a sum, then, on the payment of the sum, together with the costs and charges, if any, of the commitment and distress, the order shall cease to have effect; and if the person has been committed to custody he shall be released unless he is in custody for some other cause.

Where, after a period of imprisonment or other detention has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient distress to satisfy such a sum, payment is made in accordance with F11rules of court of part of the sum, the period of detention shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears to so much of the said sum, and the costs and charges of any distress levied to satisfy that sum, as was due at the time the period of detention was imposed.

In calculating the reduction required under subsection (2) above any fraction of a day shall be left out of account.

Where a magistrates’ court has adjudged a person to pay a sum by a conviction or has ordered the enforcement of a sum due from a person under F12a magistrates’ court maintenance order, the court may order him to be searched.

Any money found on the arrest of a person adjudged to pay such a sum as aforesaid, or on a search as aforesaid, or on his being taken to a prison or other place of detention in default of payment of such a sum or for want of sufficient distress to satisfy such a sum, may, unless the court otherwise directs, be applied towards payment of the said sum; and the balance, if any, shall be returned to him.

A magistrates’ court shall not allow the application as aforesaid of any money found on a person if it is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.

An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.

An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.

A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.

Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.

A magistrates’ court shall not in advance of the issue of a warrant of commitment fix a term of imprisonment which is to be served by an offender in the event of a default in paying a sum adjudged to be paid by a conviction, except where it has power to issue a warrant of commitment forthwith, but postpones issuing the warrant under section 77(2) above.

A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the F25designated officer for the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.

Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.

Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.

A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person.

Where a magistrates’ court issues a warrant of commitment on the ground that one of the conditions mentioned in subsection (1) or (4) above is satisfied, it shall state that fact, specifying the ground, in the warrant.

On the failure of the offender to appear before the court in answer to a summons under this section the court may issue a warrant to arrest him and bring him before the court.

A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.

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A magistrates’ court may, either before or on inquiring into a person’s means under section 82 above, and a justice of the peace acting F27in the same local justice area as that court may before any such inquiry, order him to furnish to the court within a period specified in the order such a statement of his means as the court may require.

A person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding F28level 3 on the standard scale.

If a person in furnishing any statement in pursuance of an order under subsection (1) above makes a statement which he knows to be false in a material particular or recklessly furnishes a statement which is false in a material particular, or knowingly fails to disclose any material fact, he shall be liable on summary conviction to imprisonment for a term not exceeding 4 months or a fine not exceeding F28level 3 on the standard scaleor both.

Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) below, be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecutor, whichever period expires the earlier.

Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.

Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

In calculating any reduction required by subsection (2) or F33, (2A) or (2B) above any fraction of a day or hour shall be left out of account.

Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.

Where the power which the court has exercised is the power to allow time for payment of a sum (“the adjudged sum”), the relevant condition is satisfied if any part of that sum remains unpaid on the day fixed by the court.

Where the power which the court has exercised is the power to order payment by instalments, the relevant condition is satisfied if an instalment which has fallen due remains unpaid on the day fixed by the court.

Except as provided in subsection (3) below, the power to fix a day under this section shall be exercisable only in the presence of the offender.

Where under subsection (3) above a later day has in the absence of the offender been fixed in substitution for a day previously fixed under this section, the court shall not issue a warrant under this section unless it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that notice in writing of the substituted day was served on the offender not less than what appears to the court to be a reasonable time before that day.

Subject to the provisions of subsection (2) below, payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced by the High Court or a county court (otherwise than by issue of a writ of fieri facias or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the F38designated officer for the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The F41designated officer for the magistrates' court shall not take proceedings by virtue of subsection (1) above to recover any sum adjudged to be paid by a conviction of the court from any person unless F42there has been an inquiry under section 82 above into that person’s means and he appeared to the court to have sufficient means to pay the sum forthwith.

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where any person is adjudged to pay a sum by a summary conviction and the convicting court does not commit him to prison forthwith in default of payment, the court may, either on the occasion of the conviction or on a subsequent occasion, order him to be placed under the supervision of such person as the court may from time to time appoint.

An order placing a person under supervision in respect of any sum shall remain in force so long as he remains liable to pay the sum or any part of it unless the order ceases to have effect or is discharged under subsection (3) below.

An order under this section shall cease to have effect on the making of a transfer of fine order under section 89 below with respect to the sum adjudged to be paid and may be discharged by the court that made it, without prejudice in either case to the making of a new order.

Where a person under 21 years old has been adjudged to pay a sum by a summary conviction and the convicting court does not commit him to F48detention underF49section 108 of the Powers of Criminal Courts (Sentencing) Act 2000forthwith in default of payment, the court shall not commit him to F50to such detentionin default of payment of the sum, or for want of sufficient distress to satisfy the sum, unless he has been placed under supervision in respect of the sum or the court is satisfied that it is undesirable or impracticable to place him under supervision.

Where a court, being satisfied as aforesaid, commits a person under 21 years old to F51such detentionwithout an order under this section having been made, the court shall state the grounds on which it is so satisfied in the warrant of commitment.

Where an order placing a person under supervision with respect to a sum is in force, a magistrates’ court shall not commit him to prison in default of payment of the sum, or for want of sufficient distress to satisfy the sum, unless the court has before committing him taken such steps as may be reasonably practicable to obtain from the person appointed for his supervision an oral or written report on the offender’s conduct and means and has considered any report so obtained, in addition, in a case where an inquiry is required by section 82 above, to that inquiry.

Where a magistrates’ court F52in a local justice area has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum and it appears to the court that the person is residing F53in England and Wales , the court may make a transfer of fine order, that is to say, an order making payments enforceable in F54another local justice area and that area shall be specified in the order.

As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order, or the F55designated officer for that court, shall be exercisable by a court acting F56in the local justice area specified in the order, or the F55designated officer for that court, as the case may be, and not otherwise.

The functions of the court to which subsection (2) above relates shall be deemed to include the court’s power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M3Criminal Justice Act 1991 (power to deduct fines etc. from income support).

A court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.

In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.

Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the F59designated officer for that court shall cease to be so exercisable.

The functions of the court which shall cease to be exercisable by virtue of subsection (3) above shall be deemed to include the court’s power to apply to the Secretary of State under regulations made by him under section 24(1)(a) of the Criminal Justice Act 1991 (power to deduct fines from income support).

Where a transfer of fine order under section 403 of the M4Criminal Procedure (Scotland) Act 1975 or F61Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 provides that payment of a sum shall be enforceable F62by a magistrates' court in England and Wales, a magistrates' court acting in the area in which the person subject to the order resides, and the F63designated officer for that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act in respect of the sum (including power to make an order under section 89 or section 90 above) 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, F64the said Order of 1981 in respect of the sum before the making of the transfer of fine order had been made by that court.

For the purpose of determing the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 4 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407 of the M5Criminal Procedure (Scotland) Act 1975.

Where a transfer of fine order under section 403 of the M6Criminal Procedure (Scotland) Act 1975 or F65Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981provides for the enforcement F66by a magistrates' court in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court F67acting in the area in which the person subject to the order resides shall have all the like functions under this Part of this Act, exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of F68section 140(1) of the M7Powers of Criminal Courts (Sentencing)Act 2000, and as if any order made under the said Act of 1975 or, as the case may be, F69the said Order of 1981 in respect of the fine before the making of the transfer of fine order had been made by that court.

This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Where default is made in paying a sum ordered to be paid by F72a magistrates’ court maintenance order, the court shall not enforce payment of the sum under section 76 above except by an order made on complaint.

A complaint under this section shall be made not earlier than the fifteenth day after the making of the order for the enforcement of which it is made; but subject to this such a complaint may be made at any time notwithstanding anything in this or any other Act.

In relation to complaints under this section, section 55 above shall not apply and section 56 above shall have effect as if the words “if evidence has been received on a previous occasion” were omitted.

Where at the time and place appointed for the hearing or adjourned hearing of a complaint under this section the complainant appears but the defendant does not, the court may proceed in his absence; but the court shall not begin to hear the complaint in the absence of the defendant unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer the complaint.

If a complaint under this section is substantiated on oath, any justice of the peace acting F73in the same local justice area as a court having jurisdiction to hear the complaint may issue a warrant for the defendant’s arrest, whether or not a summons has been previously issued.

A magistrates’ court shall not impose imprisonment in respect of a default to which a complaint under this section relates unless the court has inquired in the presence of the defendant whether the default was due to the defendant’s wilful refusal or culpable neglect, and shall not impose imprisonment as aforesaid if it is of opinion that the default was not so due; and, without prejudice to the preceding provisions of this subsection, a magistrates’ court shall not impose imprisonment as aforesaid—

Notwithstanding anything in section 76(3) above, the period for which a defendant may be committed to prison under a warrant of commitment issued in pursuance of a complaint under this section shall not exceed 6 weeks.

The imprisonment or other detention of a defendant under a warrant of commitment issued as aforesaid shall not operate to discharge the defendant from his liability to pay the sum in respect of which the warrant was issued.

The F77Lord Chancellor may by order provide that a magistrates’ court, on the hearing of a complaint for the enforcement, revocation, revival, variation or discharge of an English maintenance order, may order that interest of an amount calculated at the prescribed rate shall be paid on so much of the sum due under the order as they may determine.

In subsection (1) above “the prescribed rate” means such rate of interest as the F77Lord Chancellor may by order prescribe.

An order under this section may make provision for the manner in which and the periods by reference to which interest is to be calculated.

The power of the F77Lord Chancellor to make an order under this section shall be exercisable by statutory instrument made with the concurrence of the Treasury and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

On the hearing of a complaint for the enforcement, revocation, revival, variation or discharge of a magistrates’ court maintenance order, a magistrates’ court may remit the whole or any part of the sum due under the order.

In respect of an English maintenance order, subsections (4), (5) and (7) of section 59 above shall apply for the purposes of subsections (2)(a) and (4)(a) above as they apply for the purposes of that section.

A magistrates’ court shall not commit any person to prison or other detention in default of payment of a sum enforceable as a civil debt or for want of sufficient distress to satisfy such a sum except by an order made on complaint and on proof to the satisfaction of the court that that person has, or has had since the date on which the sum was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected to pay it.

A complaint under this section may be made at any time notwithstanding anything in this or any other Act.

Where on any such complaint the defendant is committed to custody, such costs incurred by the complainant in proceedings for the enforcement of the sum as the court may direct shall be included in the sum on payment of which the defendant may be released from custody.