C14C15C16C17Part III Satisfaction and Enforcement
Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)
Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)
Sums adjudged to be paid by a conviction
C181 Enforcement of fines imposed on young offenders.
1
Where a magistrates’ court would, but for F87section 227 of the Sentencing Code, have power to commit to prison a person under F1the age of 18 for a default consisting in failure to pay, or want of sufficient F74goods to satisfy, a sum adjudged to be paid by a conviction, the court may, subject to the following provisions of this section, make—
a
an order requiring the defaulter’s parent or guardian to enter into a recognizance to ensure that the defaulter pays so much of that sum as remains unpaid; or
b
an order directing so much of that sum as remains unpaid to be paid by the defaulter’s parent or guardian instead of by the defaulter.
2
An order under subsection (1) above shall not be made in respect of a defaulter—
a
in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents;
b
in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.
3
None of the following orders, namely—
a
b
any order under subsection (1) above,
shall be made by a magistrates’ court in consequence of a default of a person under F1the age of 18 years consisting in failure to pay, or want of sufficient F75goods to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter’s means in his presence on at least one occasion.
4
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.
5
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.
6
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.
7
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.
8
In this section—
“guardian”, in relation to a person under F1the age of 18, means a person appointed, according to law, to be his guardian F3, or by order of a court of competent jurisdiction;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
“sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including F88a compensation order (within the meaning given by section 133 of the Sentencing Code).
C282 Restriction on power to impose imprisonment for default.
1
A magistrates’ court shall not on the occasion of convicting an offender of an offence issue a warrant of commitment for a default in paying any sum adjudged to be paid by the conviction unless—
a
in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;
b
it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or
c
on the occasion of that conviction the court sentences him to immediate imprisonment F7, youth custody or detention in a detention centre for that or another offence or he is already serving F8a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982 or detention in a detention centre.
F861A
A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—
a
a charge ordered to be paid under F89section 46 of the Sentencing Code (criminal courts charge), or
b
a surcharge ordered to be paid under F90section 42 of that Code.
2
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.
3
Where on the occasion of the offender’s conviction a magistrates’ court does not issue a warrant of commitment for a default in paying any such sum as aforesaid or fix a term of imprisonment under the said section 77(2) which is to be served by him in the event of any such default, it shall not thereafter issue a warrant of commitment for any such default or for want of sufficient F76goods to satisfy such a sum unless—
a
he is already serving F8a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982 or detention in a detention centre; or
b
the court has since the conviction inquired into his means in his presence on at least one occasion.
4
Where a magistrates’ court is required by subsection (3) above to inquire into a person’s means, the court may not on the occasion of the inquiry or at any time thereafter issue a warrant of commitment for a default in paying any such sum unless—
a
in the case of an offence punishable with imprisonment, the offender appears to the court to have sufficient means to pay the sum forthwith; or
b
the court—
i
is satisfied that the default is due to the offender’s wilful refusal or culpable neglect; and
ii
has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful.
F94A
The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—
a
a F77warrant of control under section 76 above;
b
an application to the High Court or county court for enforcement under section 87 below;
c
an order under section 88 below;
d
an attachment of earnings order; and
e
if the offender is F10under the age of 25, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders).
F54B
The cases in which the offender’s default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which—
a
he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), or
b
he has without reasonable excuse failed to comply with such an order.
5
After the occasion of an offender’s conviction by a magistrates’ court, the court shall not, unless—
a
the court has previously fixed a term of imprisonment under section 77(2) above which is to be served by the offender in the event of a default in paying a sum adjudged to be paid by the conviction; or
b
the offender is serving F8a sentence of custody for life, or a term of imprisonment, youth custody, detention undersection 9 of the Criminal Justice Act 1982 or detention in a detention centre,
issue a warrant of commitment for a default in paying the sum or fix such a term except at a hearing at which the offender is present.
F115A
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 F6designated 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.
5B
Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—
a
inquired into the offender’s means; and
b
postponed the issue of the warrant of commitment under section 77(2) above.
5C
A notice under subsection (5A) above—
a
shall state the time and place appointed for the hearing; and
b
shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,
but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.
5D
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.
5E
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.
5F
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.
6
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.
83 Process for securing attendance of offender F12. . . .
1
A magistrates’ court may, for the purpose of enabling inquiry to be made under section 82 above or for securing the attendance of an offender at a hearing required to be held by subsection (5) of that section—
a
issue a summons requiring the offender to appear before the court at the time and place appointed in the summons; or
b
issue a warrant to arrest him and bring him before the court.
2
On the failure of the offender to appear before the court in answer to a summons F13issued under this section, or by virtue of Schedule 5 to the Courts Act 2003 the court may issue a warrant to arrest him and bring him before the court.
3
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.
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 Power to require statement of F73assets and other financial circumstances .
1
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 F15in 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 F72assets and other financial circumstances as the court may require.
C32
A person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding F16level 3 on the standard scale.
C43
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 F16level 3 on the standard scaleor both.
C54
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.
C1985C6F17 Power to remit fine.
C7C181
Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—
a
where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of F18section 77 above, since the relevant time as defined in subsection (4) of that section; and
b
in any other case, since the date of the conviction.
2
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.
F192A
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.
F202B
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.
3
In calculating any reduction required by subsection (2)F21, (2A) or (2B) above any fraction of a day or hour shall be left out of account.
F853A
Where—
a
the court remits the whole or part of the fine, and
b
the offender was ordered under F91section 42 of the Sentencing Code to pay a surcharge the amount of which was set by reference to the amount of the fine,
the court shall determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.
4
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.
85AF22 Variation of instalments of sum adjudged to be paid by conviction.
Where under section 75 above a magistrates’ court orders that a sum adjudged to be paid by a conviction shall be paid by instalments, the court, on an application made by the person liable to pay that sum, shall have power to vary that order by varying the number of instalments payable, the amount of any instalment payable, and the date on which any instalment becomes payable.
86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.
F231
A magistrates’ court which has exercised in relation to a sum adjudged to be paid by a conviction either of the powers conferred by section 75(1) above shall have power, either then or later, to fix a day on which, if the relevant condition is satisfied, the offender must appear in person before the court for either or both of the following purposes, namely—
a
to enable an inquiry into his means to be made under section 82 above;
b
to enable a hearing required by subsection (5) of the said section 82 to be held.
1A
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.
1B
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.
2
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.
3
Where a day has been fixed under this section, the court may fix a later day in substitution for the day previously fixed, and may do so—
a
when composed of a single justice; and
b
whether the offender is present or not.
4
Subject to subsection (5) below, if on the day fixed under this section—
F24a
the relevant condition is satisfied; and
b
the offender fails to appear in person before the court,
the court may issue a warrant to arrest him and bring him before the court; and F25subsection (3) of section 83 above shall apply in relation to a warrant issued under this section.
5
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.
C887 Enforcement of payment of fines by High Court and county court.
1
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 F84the county court (otherwise than by issue of a F78writ of control or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the F26designated officer for the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.
F271A
For the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, the reference in subsection (1) above to “the designated officer for the magistrates' court” shall be construed as a reference to the fines officer.
F282
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F292A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The F30designated 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 F31there 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.
F323A
The fines officer shall not, for the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, take proceedings by virtue of subsection (1) above to recover from any person a sum mentioned in paragraph 1 of that Schedule, unless the fines officer has made an inquiry into that person's means and he appeared to the fines officer to have sufficient means to pay the sum forthwith.
4
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87AF34 Fines imposed on companies.
1
Where—
a
a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and
b
the court has issued a F80warrant of control under section 76(1) above for the purpose of levying the sum; and
F81c
it appears on the return to the warrant that the company's money and goods are insufficient to pay the amount outstanding,
2
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F793
In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
88 Supervision pending payment.
1
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.
2
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.
3
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.
4
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 F38detention underF39section 108 of the Powers of Criminal Courts (Sentencing) Act 2000forthwith in default of payment, the court shall not commit him to F40to such detentionin default of payment of the sum, or for want of sufficient F82goods 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.
5
Where a court, being satisfied as aforesaid, commits a person under 21 years old to F41such 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.
6
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 F83goods 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.
C989 Transfer of fine order.
1
Where a magistrates’ court F42in 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 F43, or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be, that the person is residing F44in England and Wales , the court F45or the fines officer, as the case may be, may make a transfer of fine order, that is to say, an order making payments enforceable in F46another local justice area and that area shall be specified in the order.
F472
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 or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.
Column 1 | Column 2 |
|---|---|
(A) The court which made the order. (B) A court acting in the same local justice |
In either case, a court acting in the local justice area specified in the order. |
area as was the fines officer who made the |
|
The designated officer for the court mentioned in the row above. | The designated officer for the court mentioned in the row above. |
(A) The fines officer who made the order. (B) A fines officer acting in the same local justice area as was the court which made the order. |
In either case, a fines officer acting in the local justice area specified in the order. |
F482A
The functions of the court to which subsection (2) above relates shall be deemed to include the court’s F49under this Part of this Act power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M2Criminal Justice Act 1991 (power to deduct fines etc from F70universal credit and income support).
F503
A court F51or a fines officer, as the case may be, by which or whom 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.
4
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.
C1090 Transfer of fines to Scotland or Northern Ireland.
C111
Where a magistrates’ court 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 F52(or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be) that he is residing—
a
within the jurisdiction of a court of summary jurisdiction in Scotland, or
b
in any petty sessions district in Northern Ireland,
the court F53(or the fines officer as the case may be) may order that payment of the sum shall be enforceable by that court of summary jurisdiction or, as the case may be, in that petty sessions district.
2
An order under this section shall specify the court of summary jurisdiction by which or petty sessions district in which payment of the sum in question is to be enforceable; and if—
a
that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and
b
payment is to be enforceable in Scotland,
the court to be so specified shall be the sheriff court.
3
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 F54a magistrates' court in England and Wales or by the designated officer for that court, or by a fines officer shall cease to be so exercisable.
F553A
The functions of the court F56under this Part of this Act 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 F71universal credit and income support).
C1391 Transfer of fines from Scotland or Northern Ireland. C12
1
Where a transfer of fine order under section 403 of the M3Criminal Procedure (Scotland) Act 1975 or F57Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 provides that payment of a sum shall be enforceable F58by a magistrates' court in England and Wales, a magistrates' court F59(or a fines officer as the case may be) acting in the area in which the person subject to the order resides, and the F60designated officer for that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act F61(or under Schedule 5 to the Courts Act 2003 as the case may be) 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, F62the said Order of 1981 in respect of the sum before the making of the transfer of fine order had been made by that court.
2
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 M4Criminal Procedure (Scotland) Act 1975.
3
Where a transfer of fine order under section 403 of the M5Criminal Procedure (Scotland) Act 1975 or F63Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 provides for the enforcement F64by a magistrates' court in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court F65(or a fines officer as the case may be)F66acting in the area in which the person subject to the order resides shall have all the like functions under this Part of this Act F67(or under Schedule 5 to the Courts Act 2003 as the case may be), 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 F92section 132(1) of the Sentencing CodeF68(or as if he were a fines officer acting in the same local justice area as that court as the case may be), 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.
Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))
Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)
Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.