Part III Offences

Offences under sections 29 and 31A: supplementary

32 Sections 29 to F131C: supplementary.

1

Where in the case of an offence under section 29 F2or 31A there is made against a person—

a

an order under F7section 79 or 80 of the Sentencing Code discharging him absolutely or conditionally,

F3b

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 F4Article 4 of the Criminal Justice (Northern Ireland) Order 1996 discharging him absolutely or conditionally F5. . . ,

he is to be treated for the purposes of sections 29 to 31 F6or (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.