Fines Act 2010

• Permanent Page URL

Imprisonment in default of payment of fine.

19.— The Act of 1986 is amended—

(a) in section 2, by—

(i) the substitution of the following subsection for subsection (1):

“(1) Where a court is satisfied that—

(a) a receiver appointed under section 16 of the Fines Act 2010 has been unable to recover—

(i) a fine imposed on a person consequent upon his or her summary conviction of an offence, or

(ii) a sum or sums from the proceeds of the sale of property belonging to that person sufficient to pay that fine,

and

(b) that, in relation to the person, the provisions of section 4 of the Criminal Justice (Community Service) Act 1983 have not been complied with,

it may make an order committing the person to prison for a term not exceeding the appropriate period of imprisonment specified in the Table.”,

(ii) the insertion of the following subsections:

“(1A) Where a court has made a community service order within the meaning of subsection (1A) (inserted by section 18 (1)(c) of the Fines Act 2010) of section 3 of the Criminal Justice (Community Service) Act 1983 consequent upon the summary conviction of a person of an offence, it shall, if satisfied that the person in respect of whom it made the order fails to comply with a requirement specified in subsection (1)(b) of section 7 of that Act, make an order committing the person to prison for a term not exceeding the appropriate period specified in the Table.

(1B) For the purposes of determining the appropriate period of imprisonment specified in the Table, the amount of the fine shall be the fine less—

(a) any sum or sums paid by the person on whom the fine was imposed in satisfaction of part of the fine, and

(b) any sum or sums recovered (whether from the proceeds of the sale of property belonging to the person or otherwise) by the receiver appointed under section 16 of the Fines Act 2010.”,

(iii) the insertion, after the words “ordered to be paid”, in the definition of “fine” in subsection (4), of the following “, but does not include the fees of, or expenses incurred by, a receiver appointed under section 16 of the Fines Act 2010”,

and

(iv) the insertion of the following Table:

“TABLE

.”,

and

(b) by the insertion of the following section:

“Imprisonment on conviction on indictment in default of payment of fine.

2A.— (1) Where a court is satisfied that—

(a) a receiver appointed under section 16 of the Fines Act 2010 has been unable to recover—

(i) a fine imposed on a person consequent upon his or her conviction on indictment of an offence, or

(ii) a sum or sums from the proceeds of the sale of property belonging to that person sufficient to pay that fine,

and

(b) that, in relation to the person, the provisions of section 4 of the Criminal Justice (Community Service) Act 1983 have not been complied with,

it may make an order committing the person to prison for a term not exceeding 12 months.

(2) Where a court has made a community service order within the meaning of subsection (1A) of section 3 of the Criminal Justice (Community Service) Act 1983 consequent upon the conviction of a person on indictment of an offence, it shall, if satisfied that the person in respect of whom it made the order fails to comply with a requirement specified in subsection (1)(b) of section 7 of that Act, make an order committing the person to prison for a term not exceeding 12 months.

(3) A court shall, for the purpose of determining the term for which a person shall be committed to prison under this section, take account of—

(a) any sum or sums paid by the person in satisfaction of part of the fine, and

(b) any sum or sums recovered (whether from the proceeds of the sale of property belonging to the person or otherwise) by the receiver appointed under section 16 of the Fines Act 2010.

(4) In this section ‘fine’ has the same meaning as it has in section 2 (amended by subparagraph (iii) of section 19 (a) of the Fines Act 2010) of this Act.”.