OpenLegislation

Section 66 Application of provisions relating to fines to enforcement of compensation orders.

United Kingdom

(1)

The provisions of the 1975 Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and sections 91 of the M1Magistrates’ Courts Act 1980 and 104B of the M2Magistrates’ Courts Act (Northern Ireland) 1964 shall be construed accordingly.

(2)

The provisions mentioned in subsection (1) above are—

  • section 194 (application to solemn procedure of summary procedure provisions relating to fines);

  • section 196 (fines etc., may be enforced in other district);

  • section 395(2) to (7) (application of money found on offender);

  • section 395A (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section;

  • section 396 (time for payment) with the omission of the words from “unless” to “its decision” in subsection (4) and of subsection (5) of that section;

  • section 397 (further time for payment);

  • section 398 (reasons for default);

  • section 399 (payment by instalments);

  • section 400 (supervision pending payment of fine);

  • section 401 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings;

  • section 402 (fines etc., may be enforced in another district);

  • section 403 (transfer of fine orders);

  • section 404 (action of clerk of court on transfer of fine order);

  • section 406 (substitution of custody for imprisonment where child defaults on fine);

  • section 407(1)(b), (1A), (1B), (1D), (2) and (4) (maximum period of imprisonment for non-payment of fine):

  • Provided that—

(a)

a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but notvice versa; and

(b)

where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of the said subsection (1A), be aggregated;

  • section 408 (discharge from imprisonment to be specified);

  • section 409 (payment of fine in part by prisoner);

  • section 411 (recovery by civil diligence); and

  • Schedule 7 (application of sums paid as part of fine under section 409).

Annotations

Marginal citations

M1

1980 c. 43.

M2

1964 c. 21. (N.I.)

Notes on Part IV

Textual amendments

F1

Part IV (ss. 58-67) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)