PART 52ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

When this Part applies52.1

1

This Part applies where a magistrates’ court can enforce payment of—

a

a fine, or a sum that legislation requires the court to treat as a fine; or

b

any other sum that a court has ordered to be paid—

i

on a conviction, or

ii

on the forfeiture of a surety.

2

Rules 52.7 to 52.9 apply where the court, or a fines officer, issues a warrant that requires someone to—

a

take control of goods or money belonging to the defendant;

b

remove and sell any such goods; and

c

pay any such money, and any proceeds of such a sale, to the court officer towards payment of a sum to which this Part applies.

3

In this Part—

a

‘defendant’ means anyone liable to pay a sum to which this Part applies;

b

‘payment terms’ means by when, and by what (if any) instalments, such a sum must be paid.

[Note. For the means by which a magistrates’ court may enforce payment, see

a

Part 3 of the Magistrates’ Courts Act 1980681; and

b

Schedule 5 to the Courts Act 2003682and the Fines Collection Regulations 2006683.

Under that Schedule and those Regulations, some enforcement powers may be exercised by a fines officer.

In some legislation, including the 1980 and 2003 Acts, a warrant to which this Part applies was described as ‘a warrant of distress’. In the Tribunals, Courts and Enforcement Act 2007684, such a warrant is described as ‘a warrant of control’.]