(1)Where in the case of an offence under section 29 [F2or 31A] there is made against a person—
(a)an order under [F3section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] discharging him absolutely or conditionally,
[F4(b)or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(3) of that Act discharging him absolutely, or]
(c)an order under the [F5Article 4 of the Criminal Justice (Northern Ireland) Order 1996] discharging him absolutely or conditionally F6. . . ,
he is to be treated for the purposes of sections 29 to 31 [F7or (as the case may be) sections 31A to 31C] as having been convicted.
(2)Section 30 has effect subject to the provisions (applying with the necessary modifications) of any enactment relating to the imposition of fines by magistrates’ courts and courts of summary jurisdiction, other than any conferring a discretion as to their amount.
(3)Where a sum is payable by virtue of an order under section 30—
(a)in England and Wales, the sum is to be treated as a fine, and the order as a conviction, for the purposes of Part III of the M1Magistrates’ Courts Act 1980 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates’ courts,
(b)in Scotland, the sum is to be treated as a fine, and the order as a conviction, for the purposes of any enactment relating to the recovery or application of sums ordered to be paid by courts of summary jurisdiction, and
(c)in Northern Ireland, the sum is recoverable as a sum adjudged to be paid by a conviction and is to be treated for all purposes as a fine within the meaning of section 20 of the M2Administration of Justice Act (Northern Ireland) 1954.
Textual Amendments
F1S. 32: words in heading substituted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 9(2); S.I. 2003/3086, art. 2(a)
F2Words in s. 32(1) inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 9(1)(a); S.I. 2003/3086, art. 2(a)
F3Words in s. 32(1)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 158
F4S. 32(1)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 90(2)
F5Words in s. 32(1)(c) substituted (28.7.2003 for N.I.) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247), art. 36(1), Sch. 1 para. 15(a); S.R. 2003/352, art. 2(d)
F6Words repealed (28.7.2003 for N.I.) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247), art. 36, Sch. 1 para. 15(b), Sch. 2; S.R. 2003/352, art. 2(d)
F7Words in s. 32(1) inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 9(1)(b); S.I. 2003/3086, art. 2(a)
Marginal Citations
Schedule 2A (which relates to the immobilisation of vehicles as regards which it appears that an offence under section 29(1) is being committed and to their removal and disposal) shall have effect.]
Textual Amendments
F8S. 32A inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 Pt. VII para. 36(1)