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 [F1designated officer for] the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.
[F2(1A)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.]
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The [F5designated 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 [F6there 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.]
[F7(3A)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)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 87(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 223(2); S.I. 2005/910, art. 3(y)
F2S. 87(1A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 48(a)
F3S. 87(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)
F4S. 87(2A) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)
F5Words in s. 87(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 223(3); S.I. 2005/910, art. 3(y)
F6Words 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
F7S. 87(3A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 48(b)
F8S. 87(4) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 223(4), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
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)