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Senior Courts Act 1981
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Senior Courts Act 1981, Section 140 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 [F1sections 130 to 132 of the Sentencing Code] 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 M1Contempt 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 [F2sections 130 to 132 of the Sentencing Code] as extended by this section, “fine” includes a penalty imposed in civil proceedings.
Textual Amendments
F1Words in s. 140(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 69(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 140(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 69(3) (with Sch. 27); S.I. 2020/1236, reg. 2
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