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Where proceedings by civil diligence for recovery of a fine or caution are adopted, imprisonment for non-payment of the fine or for failure to find such caution shall remain competent, and such proceedings by civil diligence may be authorised after the court has imposed imprisonment for (or in the event of) the non-payment or the failure but before imprisonment has followed such imposition; and accordingly in section 411 of the 1975 Act
(a)subsection (2) shall cease to have effect; and
(b)in the proviso to subsection (3), for the words " court has imposed imprisonment in default of " there shall be substituted the words " offender has been imprisoned in consequence of his having defaulted in ".
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