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 [F1justices’ chief executive for] the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The [F4justices’ chief executive] 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 [F5there 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 [F6a justices’ chief executive] in recovering any such sum shall be treated for the purposes of Part VI of [F7the Justices of the M1Peace Act 1997] as expenses of the magistrates’ courts committee.
Textual Amendments
F1Words in s. 87(1) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 95, 105(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F2S. 87(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)
F3S. 87(2A) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)
F4Words in s. 87(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 95, 105(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F5Words 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
F6Words in s. 87(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 95, 105(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F7Words 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)
C1S. 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))
S. 87 applied (with modifications) (temp.) (23.2.2004 and 29.3.2004 for certain purposes, otherwise 5.4.2004 until 31.3.2006) by The Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(3), 9 (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4, 9)
Marginal Citations