Part 1Provisions for Combatting Crime and Disorder
Chapter 1On the Spot Penalties for Disorderly Behaviour
Procedure
7Payment of penalty
1
If a person to whom a penalty notice is given decides to pay the penalty, he must pay it to the justices' chief executive specified in the notice.
2
Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).
3
Subsection (4) applies if a person—
a
claims to have made payment by that method, and
b
shows that his letter was posted.
4
Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.
5
Subsection (2) is not to be read as preventing the payment of a penalty by other means.
6
A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the penalty notice.
8Registration certificates
1
The chief officer of police may, in respect of any registrable sum, issue a certificate (a “registration certificate”) stating that the sum is registrable for enforcement against the defaulter as a fine.
2
If that officer issues a registration certificate, he must cause it to be sent to the justices' chief executive for the petty sessions area in which the defaulter appears to that officer to reside.
3
A registration certificate must—
a
give particulars of the offence to which the penalty notice relates, and
b
state the name and last known address of the defaulter and the amount of the registrable sum.
4
“Registrable sum” means a sum that may be registered under this section as a result of section 4(5).
5
“Defaulter” means the person against whom that sum may be registered.
9Registration of sums payable in default
1
If the justices' chief executive for a petty sessions area receives a registration certificate, he must register the registrable sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area.
2
But if it appears to him that the defaulter does not reside in that area—
a
subsection (1) does not apply to him; but
b
he must cause the certificate to be sent to the person appearing to him to be the appropriate justices' chief executive.
3
A justices' chief executive registering a sum under this section for enforcement as a fine, must give the defaulter notice of the registration.
4
The notice must—
a
specify the amount of the sum registered, and
b
give the information with respect to the offence, and the authority for registration, which was included in the registration certificate under section 8.
5
If a sum is registered in a magistrates' court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered sum were a fine imposed by that court on the conviction of the defaulter on the date on which the sum was registered.
10Enforcement of fines
1
In this section—
“fine” means a sum which is enforceable as a fine as a result of section 9; and
“proceedings” means proceedings for enforcing a fine.
2
Subsection (3) applies if, in any proceedings, the defaulter claims that he was not the person to whom the penalty notice concerned was issued.
3
The court may adjourn the proceedings for a period of not more than 28 days for the purpose of allowing that claim to be investigated.
4
On the resumption of proceedings that have been adjourned under subsection (3), the court must accept the defaulter’s claim unless it is shown, on a balance of probabilities, that he was the recipient of the penalty notice.
5
The court may set aside a fine in the interests of justice.
6
If the court does set a fine aside it must—
a
give such directions for further consideration of the case as it considers appropriate; or
b
direct that no further action is to be taken in respect of the allegation that gave rise to the penalty notice concerned.