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

C4 Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)

Sums adjudged to be paid by an order E+W

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—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an order [F2 made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid)] ; 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 S. 92(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 49(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in s. 92(1)(b) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 16; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F3 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.