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Criminal Justice Act (Northern Ireland) 1945

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  • s. 22 repealed by 2010 c. 23 Sch. 2 (Amendment could not be applied. The relevant affected text is not available.)

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N.I.Penalties and Costs

S.34 rep. by 1964 c.21 (NI)

35Powers of Crown Court or county court in relation to fines and forfeited recognizances.N.I.

(1)Subject to the provisions of this section, where a fine is imposed by, or a recognizance is forfeited before, [F1 the Crown Court or a county court], the court may by order—

(a)allow time for the payment of the amount of the fine or the amount due under the recognizance;

(b)direct such payment to be made by instalments of such amounts and on such dates respectively as may be specified in the order;

(c)fix a term of imprisonment which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered;

(d)in the case of a recognizance, discharge the recognizance or reduce the amount due thereunder.

[F2(e)on the application of the person liable to make the payment, allow further time for payment or vary an order for payment by instalments.]

[F3(2)The periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention which may be fixed under subsection (1)(c) applicable respectively to the amounts set out opposite thereto—

TABLE
An amount not exceeding £2007 days
An amount exceeding £200 but not exceeding £50014 days
An amount exceeding £500 but not exceeding £1,00028 days
An amount exceeding £1,000 but not exceeding £2,50045 days
An amount exceeding £2,500 but not exceeding £5,0003 months
An amount exceeding £5,000 but not exceeding £10,0006 months
An amount exceeding £10,000 but not exceeding £20,00012 months
An amount exceeding £20,000 but not exceeding £50,00018 months
An amount exceeding £50,000 but not exceeding £100,0002 years
An amount exceeding £100,000 but not exceeding £250,0003 years
An amount exceeding £250,000 but not exceeding £1 million5 years
An amount exceeding £1 million10 years]

(3)Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to a term of imprisonment, the court may order that any term of imprisonment fixed under paragraph ( c) of sub-section (1) of this section shall commence at the expiration of that term of imprisonment.

(4)The following provisions shall have effect in relation to any order made under this section:—

(a)where the order allows time for the payment of the amount of the fine or recognizance, or directs payment of the said amount by instalments, the officer responsible for the recovery of the fine or the amount due under the recognizance shall only exercise his powers if and when there is a default in complying with the order;

(b)where the order directs payment by instalments of a fine or the amount due under a recognizance, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid;

(c)where the order fixes a term of imprisonment in default of payment of a fine or the amount due under a recognizance, then—

(i)on payment of the fine or the said amount to the officer responsible for the recovery thereof, or to the governor of the prison, the order shall cease to have effect and, if the person in respect of whom it was made is in prison, he shall forthwith be discharged;

(ii)on payment to the said officer or to the governor of the prison of a part of the fine or part of the amount due under the recognizance, the total number of days in the term of imprisonment shall be reduced proportionately, that is to say, by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the amount of the fine or the amount due under the recognizance:

Provided that, in reckoning the number of days by which any term of imprisonment would be so reduced, the first day of imprisonment shall not be taken into account, and that, in reckoning the sum which will secure the reduction of the term of imprisonment, fractions of a penny shall be omitted.

[F3(4A)Where—

(a)the Crown Court has imposed a fine on a company; and

(b)the court has issued a warrant of distress under section 3 of the Fines Act (Ireland) 1851 for the purpose of levying the amount of the fine; and

(c)it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the amount of the fine with the costs and charges of levying the same,

the chief clerk may make an application in relation to the company under[F4Article 104 of, or paragraph 13 of Schedule B1 to, the Insolvency (Northern Ireland) Order 1989 (winding up or administration)].]

(5)Any sums received by a governor of a prison under paragraph ( c) of the last foregoing sub-section shall be transmitted by him to the officer responsible for the recovery of sums due in respect of the fine or the recognizance.

(6)The powers conferred by this section in relation to fines or recognizances shall be in addition to, and not in derogation of, the powers conferred by any other enactment relating to the imposition and recovery of fines or the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder.

(7)This section shall not apply to a fine imposed by a [F1 county court] on appeal against a decision of a court of summary jurisdiction.

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F4Words in s. 35(4A) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 5; S.R. 2006/21, art. 2 (with transitional provisions and savings in S.R. 2006/22, arts. 2 - 7)

S.36 rep. by 1968 c.10 (NI)

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