Section 43ZA Power of High Court to vary committal in default.F1

England and Wales

(1)

Where the High Court quashes the committal of a person to prison or detention by a magistrates’ court or the Crown Court for—

(a)

a default in paying a sum adjudged to be paid by a conviction; or

(b)

want of sufficient F2goods to satisfy such a sum,

the High Court may deal with the person for the default or want of sufficient goods in any way in which the magistrates’ court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed.

(2)

If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates’ court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period).

F3(3)

In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where—

(a)

there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)

it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

Annotations

Textual amendments

F1: S. 43ZA inserted (27.9.1999) by 1999 c. 22, ss. 62, 108(3)(b) (with Sch. 14 para. 7(2))
F2: Word in s. 43ZA(1) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 66(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F3: S. 43ZA(3) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 66(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Notes on the whole Act

Textual amendments

F1: Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
F2: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)