The Criminal Procedure Rules 2020

When this Part applies E+W

30.1.—(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 30.7 to 30.9 apply where the court, or a fines officer, issues a warrant for an enforcement agent to take control of a defendant’s goods and sell them, using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(1).

(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 1980(2); and

(b) Schedule 5 to the Courts Act 2003(3) and the Fines Collection Regulations 2006(4).

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

See also section 62 of, and Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007. In that Act, a warrant to which this Part applies is described as ‘a warrant of control’.]

Commencement Information

I1 Rule 30.1 in force at 5.10.2020, see Preamble

(1)

2007 c. 15.

(2)

1980 c. 43.

(3)

2003 c. 39; Schedule 5 was amended by articles 2, 4, 6, 7 and 8 of S.I. 2006/1737, section 62 of, and paragraphs 148 and 149 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 80 of the Criminal Justice and Immigration Act 2008 (c. 4), section 88 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 10 of, and paragraphs 24 and 27 of the Schedule to, the Prevention of Social Housing Fraud Act 2013 (c. 3), section 27 of the Crime and Courts Act 2013 (c. 22) and section 56 of the Criminal Justice and Courts Act 2015 (c. 2). It is further amended by section 26 of the Crime and Courts Act 2013 (c. 22) and paragraph 23 of Schedule 5 to the Modern Slavery Act 2015 (c. 30), with effect from dates to be appointed.

(4)

S.I. 2006/501.