SCHEDULES

SCHEDULE 13Taking control of goods: amendments

Criminal Justice Act 2003 (c. 44)

153

The Criminal Justice Act 2003 is amended as follows.

154

1

Section 154 (general limit on magistrates' power to impose imprisonment) is amended as follows.

2

In subsections (4) and (6) for “distress” substitute “ goods ”.

3

After subsection (7) insert—

8

In this section references to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4) of the Magistrates' Courts Act 1980.

155

In section 305 (interpretation of Part 12) after subsection (1) insert—

1A

F1In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

a

there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

b

it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).