SCHEDULES

SCHEDULE 5Collection of fines

Part 7Effect of first default on collection order containing payment terms

25Application of Part

This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—

a

an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);

b

an appeal under paragraph 23 (appeal against decision of fines officer);

c

a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

26Attachment of earnings order or application for benefit deductions to be made

1

The fines officer must make an attachment of earnings order if it appears to him—

a

that P is in employment, and

b

that it is not impracticable or inappropriate to make the order.

2

The fines officer must make an application for benefit deductions if it appears to him—

a

that P is entitled to a relevant benefit, and

b

that it is not impracticable or inappropriate to make the application.

3

If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.

27Increase in fine

1

This paragraph applies if—

a

an attachment of earnings order, or

b

an application for benefit deductions,

made under paragraph 26 fails.

2

This paragraph also applies if the fines officer does not make—

a

an attachment of earnings order, or

b

an application for benefit deductions,

under paragraph 26.

3

An increase is imposed on the fine which is the subject of the order.

4

The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

5

The increase is given effect by treating it as part of the fine imposed on P on his conviction.

6

But the liability to pay the part of the fine representing the increase—

a

ranks after the liability to pay any other part of the sum due, and

b

is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).

28Notice of increase etc.

If an increase is imposed, the fines officer must deliver a notice to P (an “increase notice”)—

a

informing P of the increase, and

b

requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.