Amendments to Schedule 5 to the Courts Act 200329

After paragraph 42 insert—

Increase in fine by court42A

1

This paragraph applies where—

a

P is in default on a collection order,

b

the sum due consists of or includes a fine, and

c

the fines officer has referred P’s case to the court—

i

under paragraph 37(6)(a), or

ii

after taking any of the steps listed in paragraph 38.

2

Where the court is satisfied that the default is due to P’s wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.

3

But the court may not increase any other sum which is the subject of the order.

4

The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

5

The increase is given effect by treating it as part of the fine imposed on P by his conviction.