C14C15C16C19Part III Satisfaction and Enforcement
Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)
Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)
General provisions
C175 Power to dispense with immediate payment.
1
A magistrates’ court by whose conviction or order a sum is adjudged to be paid may, instead of requiring immediate payment, allow time for payment, or order payment by instalments.
2
Where a magistrates’ court has allowed time for payment, the court may, on application by or on behalf of the person liable to make the payment, allow further time or order payment by instalments.
F212A
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F212B
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F212C
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3
Where a court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.
C2C2076 Enforcement of sums adjudged to be paid.
1
Subject to the following provisions of this Part of this Act, and to section 132 below F1, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may F10issue a warrant of control for the purpose of recovering the sum or issue a warrant committing the defaulter to prison.
2
A warrant of commitment may be issued as aforesaid either—
a
b
instead of a F13warrant of control .
3
The period for which a person may be committed to prison under such a warrant as aforesaid shall not, subject to the provisions of any enactment passed after 31st December 1879, exceed the period applicable to the case under Schedule 4 to this Act.
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F226
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77 Postponement of issue of warrant.
C3C4C5C6C7C17C211
Where a magistrates’ court has power to issue a F14warrant of control under this Part of this Act, it may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.
2
Where a magistrates’ court has power to issue a warrant of commitment under this Part of this Act, it may, if it thinks it expedient to do so, fix a term of imprisonment F5or detention under F6section 108 of the powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged F618 to 20 for default)and postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.
F23
A magistrates’ court shall have power at any time to do either or both of the following—
a
to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;
b
to vary any of the conditions on which its issue is postponed,
but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.
4
In this section “the relevant time” means—
a
where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and
b
in any other case, the date of the exercise or latest exercise of either or both of the powers.
5
Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting F3in the local justice area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.
F46
Where such an application is referred to the court—
a
the F24... court shall fix a time and place for the application to be heard; and
b
the designated officer for the court shall give the applicant notice of that time and place.
7
Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.
8
If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.
C8C9C10C11C12C18C2278 Defect in distress warrant and irregularity in its execution.
1
A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates’ court shall not, if it states that the sum has been so adjudged to be paid, be held void by reason of any defect in the warrant.
2
A person acting under a warrant of distress shall not be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant.
3
Nothing in this section shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the warrant or irregularity in its execution.
4
5
If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding F8level 1 on the standard scale.
79 Release from custody and reduction of detention on payment.
1
Where imprisonment or other detention has been imposed on any person by the order of a magistrates’ court in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient F18goods to satisfy such a sum, then, on the payment of the sum, together with the costs and charges, if any, of the commitmentF19, or (as the case may be) on the payment of the amount outstanding, the order shall cease to have effect; and if the person has been committed to custody he shall be released unless he is in custody for some other cause.
2
Where, after a period of imprisonment or other detention has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient F16goods to satisfy such a sum, payment is made in accordance with F9rules of court of part of the sum, the period of detention shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears F17—
a
to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum;
b
otherwise, to so much of the sum as was due at that time.
3
In calculating the reduction required under subsection (2) above any fraction of a day shall be left out of account.
F154
In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where—
a
a warrant of control has been issued for the sum to be recovered from a person, but
b
it appears on the return to the warrant that the person's money and goods are insufficient to pay the amount outstanding.
5
In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
C1380 Application of money found on defaulter to satisfy sum adjudged.
1
Where a magistrates’ court has adjudged a person to pay a sum by a conviction F23..., the court may order him to be searched.
2
Any money found on the arrest of a person adjudged to pay such a sum as aforesaid, or on a search as aforesaid, or on his being taken to a prison or other place of detention in default of payment of such a sum or for want of sufficient F20goods to satisfy such a sum, may, unless the court otherwise directs, be applied towards payment of the said sum; and the balance, if any, shall be returned to him.
3
A magistrates’ court shall not allow the application as aforesaid of any money found on a person if it is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.
Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))
Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)
Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.