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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Changes over time for: Section 88

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Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 88 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 88:

  • specified provision(s) amendment to earlier commencing S.I. 2016/286, art. 4(1) by S.I. 2017/225 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

88Withdrawal of warrants of control issued by fines officerE+W
This section has no associated Explanatory Notes

(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2)In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a further steps notice) for “or 37(9)” substitute “ , 37(9) or 37A(4) ”.

(3)In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “ wishes to be able ”.

(4)After paragraph 37 insert—

37AIssue by fines officer of replacement notice

(1)This paragraph applies if—

(a)the fines officer has delivered to P a notice (“the current notice”) that is—

(i)a further steps notice that has not been replaced by a notice under this paragraph, or

(ii)a notice under this paragraph that has not been replaced by a further notice under this paragraph,

(b)P remains liable to pay any part of the sum due, and

(c)the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice.

(2)The fines officer may deliver to P a notice replacing the current notice.

(3)A notice under this paragraph (a “replacement notice”) must—

(a)state that the fines officer intends to take one or more of the steps listed in paragraph 38,

(b)specify the steps that the fines officer wishes to be able to take, and

(c)be in writing and dated.

(4)P may, within 10 working days from the date of a replacement notice, appeal to the magistrates' court against it.

(5)If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.

(5)In paragraph 38(1) (list of steps referred to)—

(a)after “37(6)(b)” insert “ , 37A(3)(a) ”, and

(b)in paragraph (a) (steps include issuing warrants that authorise taking control, and sale, of goods) for “levying” substitute “ recovering ”.

(6)In paragraph 39 (powers of court on referrals and appeals)—

(a)in sub-paragraph (1)(c)—

(i)after “37(9)” insert “ or 37A(4) ”, and

(ii)after “further steps notice” insert “ or replacement notice ”, and

(b)in sub-paragraph (4) after “further steps notice” insert “ or replacement notice ”.

(7)In paragraph 40 (implementation of notice)—

(a)after “further steps notice”, in both places, insert “ or replacement notice ”, and

(b)after “may be taken” insert “ and retaken ”.

(8)After paragraph 40 insert—

40AWithdrawal of warrant of control by fines officer

(1)This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due.

(2)The fines officer may withdraw the warrant if—

(a)P remains liable to pay any part of the sum due, and

(b)the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact.

40BDischarge of warrant of control by magistrates' court

(1)This paragraph applies if—

(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and

(b)the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.

(2)The magistrates' court may discharge the warrant if—

(a)P remains liable to pay any part of the sum due, and

(b)the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc) would have been exercisable by the court if the court had issued the warrant.

40CDuty of fines officer if warrant of control withdrawn or discharged

(1)This paragraph applies if condition A or B is met.

(2)Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

(3)Condition B is that—

(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

(b)the fines officer has referred P's case to the magistrates' court under paragraph 42,

(c)the magistrates' court has discharged the warrant of control under paragraph 40B(2), and

(d)the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

(4)If P remains liable to pay any part of the sum due, the fines officer must—

(a)take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

(b)deliver to P a replacement notice and take one or more of the steps specified in that notice, or

(c)refer P's case to, or back to, the magistrates' court under paragraph 42.

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