Magistrates’ Courts Act 1980

86 Power of magistrates’ court to fix day for appearance of offender at means inquiry etc. E+W

[F1 (1) 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—

[F2 (a) 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 [F3 subsection (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.

Textual Amendments

F1 S. 86(1)(1A)(1B) substituted for subsection (1) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 51(2)(a)

F2 S. 86(4)(a) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 51(2)(b)

F3 Words in s. 86(4) substituted (19.2.2001) by 1999 c. 22, s. 97(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/168, arts. 1, 2(a) (subject to the transitional provisions in art. 3)