Part VIFinancial penalties and orders

Miscellaneous powers and duties of Crown Court in relation to F4recognizancesetc.

Annotations:
Amendments (Textual)
F4

Word in s. 139 cross-heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 164 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

140 Enforcement of F5... recognizances forfeited by Crown Court.

C11

Subject to subsection (5) below, F6... a recognizance forfeited by the Crown Court shall be treated for the purposes of collection, enforcement and remission of the F7... sum as having been F8... forfeited—

a

by a magistrates’ court specified in an order made by the Crown Court, or

b

if no such order is made, by the magistrates’ court by which the offender F2was committed to the Crown Court to be tried or dealt with or by which he was sent to the Crown Court for trial under section 51 F3or 51A of the M1Crime and Disorder Act 1998,

F9...

C12

Subsection (3) below applies where a magistrates’ court issues a warrant of commitment on a default in the payment of—

F17a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a sum due under a recognizance forfeited by the Crown Court.

C13

In such a case, the term of imprisonment or detention under section 108 above specified in the warrant of commitment as the term which the offender is liable to serve shall be—

a

the term fixed by the Crown Court under section 139(2) above, or

b

if that term has been reduced under section 79(2) of the M2Magistrates’ Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,

F13...

C14

Subsections (1) to (3) above shall apply in relation to a F10... recognizance forfeited by the criminal division of the Court of Appeal, or by the F1Supreme Court on appeal from that division, as they apply in relation to a F10... recognizance forfeited by the Crown Court; and references in those subsections to the Crown Court (except the references in subsection (1)(b)) shall be construed accordingly.

5

A magistrates’ court shall not, under section F12... 120 of the M3Magistrates’ Courts Act 1980 as applied by subsection (1) above, remit the whole or any part of a F11... sum due under a recognizance forfeited by—

a

the Crown Court,

b

the criminal division of the Court of Appeal, or

c

the F1Supreme Court on appeal from that division,

without the consent of the Crown Court.

6

Any F14... sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of F18section 38 of the Courts Act 2003 (application of receipts of designated officers)F15... as being due under a recognizance forfeited by F16a magistrates' court.