Magistrates’ Courts Act 1980 (c. 43)

Part III U.K. Satisfaction and Enforcement

Modifications etc. (not altering text)

C1 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.

C2 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)

C3 Pt. III restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56, 57, 58, 173

Sums adjudged to be paid by a conviction U.K.

87 Enforcement of payment of fines by High Court and county court. E+W

(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 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 clerk of the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The clerk of 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 [F3 there 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.]

(4) Any expenses incurred by the clerk of a magistrates’ court in recovering any such sum shall be treated for the purposes of Part VI of [F4 the Justices of the M1 Peace Act 1997] as expenses of the magistrates’ courts committee.

Textual Amendments

F1 S. 87(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)

F2 S. 87(2A) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)

F3 Words in s. 87(3) substituted (4.7.1996, with effect (1.10.1996) as mentioned in s. 50(2)(3) of the substituting Act) by 1996 c. 25, s. 50(1) (with s. 78(1)); S.I. 1996/2343, art. 2

F4 Words in s. 87(4) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 19(2)(3)(c) (with Sch. 4 para. 27)

Modifications etc. (not altering text)

C4 S. 87 extended (1.7.1991) by S.I. 1991/724, art. 2(1)(j) (with art. 12)

S. 87 modified (3.2.1995) by 1994 c. 37, ss. 9(4)(b)(6), 69(2) (with s. 66(2))

Marginal Citations

M1 1997 c. 25