Part VIU.K. MISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous provisionsU.K.

140 Enforcement of fines and forfeited recognizances.E+W

(1)Payment of a fine imposed, or sum due under a recognizance forfeited, by the High Court or the civil division of the Court of Appeal may be enforced upon the order of the court—

(a)in like manner as a judgment of the High Court for the payment of money; or

(b)in like manner as a fine imposed by the Crown Court.

(2)Where payment of a fine or other sum falls to be enforced as mentioned in paragraph (a) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection—

(a)the court shall, if the fine or the other sum is not paid in full forthwith or within such time as the court may allow, certify to Her Majesty’s Remembrancer the sum payable; and

(b)Her Majesty’s Remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.

(3)Where payment of a fine or other sum falls to be enforced as mentioned in paragaph (b) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection, the provisions of sections 31 and 32 of the M1Powers of Criminal Courts Act 1973 shall apply to that fine or other sum as they apply to a fine imposed by the Crown Court.

(4)Where payment of a fine or other sum has become enforceable by Her Majesty’s Remembrancer by virtue of this section or section 16 of the M2Contempt of Court Act 1981, any payment received by him in respect of that fine or other sum shall be dealt with by him in such manner as the Lord Chancellor may direct.

(5)In this section, and in sections 31 and 32 of the Powers of Criminal Courts Act 1973 as extended by this section, “fine” includes a penalty imposed in civil proceedings.

Marginal Citations