Rule 46 Notice to defendant of fine or forfeited recognizanceI1C1
England and Wales
Where under F1section 140(1) of the Act of 2000, section 49 of the Criminal Justice Act 1967 or section 19(5) of the Coroners Act 1887f1 a magistrates' court is required to enforce payment of a fine imposed or recognizance forfeited by the Crown Court or by a coroner or where a magistrates' court allows time for payment of a sum adjudged to be paid by a summary conviction, or directs that the sum be paid by instalments, or where the offender is absent when a sum is adjudged to be paid by a summary conviction, the F2F3designated officer for the court shall serve on the offender notice in writing stating the amount of the sum and, if it is to be paid by instalments, the amount of the instalments, the date on which the sum, or each of the instalments, is to be paid and the places and times at which payment may be made; and a warrant of F4control or commitment shall not be issued until the preceding provisions of this rule have been complied with.
A notice under this rule shall be served by delivering it to the offender or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.
Annotations
Textual amendments
- F1
Words in rule 46(1) substituted (20.6.2003) by The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 29
- F2
Words in rule 46(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3
- F3
Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85
- F4
Word in rule 46(1) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(b) (with arts. 3, 4)
Modifications
- C1
Rule 46 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]
Commencement
Footnotes
- f1