Fines (Payment and Recovery) Act 2014

Imprisonment in default of payment of fine

20. The Act of 1986 is amended—

(a) by inserting the following section:

“Definitions for purposes of sections 2 and 2A

1A. In sections 2 and 2A—

Act of 2014’ means the Fines (Payment and Recovery) Act 2014;

‘attachment order’ has the same meaning as it has in the Act of 2014;

‘due date for payment’ has the same meaning as it has in the Act of 2014;

‘receiver’ has the same meaning as it has in the Act of 2014;

‘recovery order’ has the same meaning as it has in the Act of 2014.”,

(b) in section 2—

(i) by substituting the following subsection for subsection (1):

“(1) Where a court is satisfied that—

(a) at the sitting of the court on the date specified in the notice concerned under section 7 (4) of the Act of 2014

(i) a person on whom a fine has been imposed consequent upon his or her summary conviction of an offence has not paid the fine by the due date for payment, and

(ii) it would not be appropriate to make a recovery order or attachment order in respect of that person,

(b) at the sitting of the court on the date specified in the notice concerned under section 11 (2) of the Act of 2014, a receiver 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,

or

(c) at the sitting of the court on the date specified in the notice concerned under section 16 (3) of the Act of 2014, an attachment order made in respect of the earnings of a person has not resulted in the collection of a fine imposed on a person consequent upon his or her summary conviction of an offence,

and is also satisfied that, in relation to that 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) by inserting the following subsections:

“(1A) Where a court has made a community service order within the meaning of subsection (1A) (inserted by section 19 (1)(c)(i) of the Act of 2014) 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 concerned in satisfaction of part of the fine,

(b) any sum or sums recovered (whether from the proceeds of the sale of property belonging to the person or otherwise) by a receiver sufficient to pay part only of the fine, and

(c) any part of the fine recovered as a result of an attachment order made in respect of the earnings of the person.”,

(iii) by deleting subsection (2),

(iv) in subsection (4), in the definition of “fine”, by inserting, after “ordered to be paid”, the words “, but does not include the administration fee within the meaning of section 2 of the Act of 2014 or the fees of, or expenses incurred by, a receiver.”, and

(v) by inserting the following Table:

“TABLE

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. ”,

and

(c) by inserting the following section:

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

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

(a) at the sitting of the court on the date specified in the notice concerned under section 7 (4) of the Act of 2014

(i) a person on whom a fine has been imposed consequent upon his or her conviction on indictment of an offence has not paid the fine by the due date for payment, and

(ii) it would not be appropriate to make a recovery order or attachment order in respect of that person,

(b) at the sitting of the court on the date specified in the notice concerned under section 11 (2) of the Act of 2014, a receiver 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,

or

(c) at the sitting of the court on the date specified in the notice concerned under section 16 (3) of the Act of 2014, an attachment order made in respect of the earnings of a person has not resulted in the collection of a fine imposed on a person consequent upon his or her conviction on indictment of an offence,

and the court is also satisfied that, in relation to that 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 under 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 the 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 concerned in satisfaction of part of the fine,

(b) any sum or sums recovered (whether from the proceeds of the sale of property belonging to the person or otherwise) by a receiver sufficient to pay part only of that fine, and

(c) any part of the fine recovered as a result of an attachment order made in respect of the earnings of the person.

(4) In this section ‘fine’ has the same meaning as it has in section 2 (amended by, subparagraph (iv) of section 20 (b) of the Act of 2014).”.