Magistrates’ Courts Act 1980

92 Restriction on power to impose imprisonment for default. E+W

(1) A magistrates’ court shall not exercise its power under section 76 above to issue a warrant to commit to prison a person who makes default in paying a sum adjudged to be paid by an order of such a court except where the default is under—

(a) a magistrates’ court maintenance order;

(b) an order under [F1 section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of] cost of his defence in a criminal case); or

(c) an order for the payment of any of the taxes, contributions, premiums or liabilities specified in Schedule 4 to the M1 Administration of Justice Act 1970.

(2) This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Words in s. 92(1)(b) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 15, 17 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii) (with Sch. 2 para. 2)

F2 S. 92(3) repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4

Marginal Citations

M1 1970 c. 31.