SCHEDULE 5Collection of fines AND OTHER SUMS IMPOSED ON CONVICTION
Part 1Introductory
F1Application of Schedule
1
F2This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by a conviction of a magistrates' court.
F3Meaning of “the sum due” etc
2
F4(1)
In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1.
(2)
For the purposes of this Schedule—
a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and
“a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000.
Meaning of “existing defaulter” etc.
3
(1)
For the purposes of this Schedule, P is an existing defaulter if it is shown that—
(a)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
the sum due or any other sum is registered for enforcement against him as a fine under—
(i)
section 71 of the Road Traffic Offenders Act 1988,
(ii)
section 9 of the Criminal Justice and Police Act 2001, or
(iii)
any other enactment specified in fines collection regulations,
(c)
he is in default on a collection order in respect of another sum falling within paragraph F61 , or
(d)
he is in default in payment of another sum falling within paragraph F71 but in respect of which no collection order has been made.
(2)
For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.
(3)
Sub-paragraph (2) is subject to sub-paragraph (4).
(4)
Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
(5)
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
“Collection order” means an order made under Part 4 of this Schedule.