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.