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Courts Act 2003

Fees, costs and fines

Part 5: Discount where collection order made

274.Part 5 deals with the prompt payment discount where a collection order is made. Paragraph 18 stipulates that Part 5 applies if a collection order has been made in respect of a sum due, the sum due is not a fixed penalty which has been registered as a fine and the offender is not an existing defaulter. In other words, provided the offender is not an existing defaulter, he is eligible for the prompt payment discount on his fine. But no discount is available for a fixed penalty registered as a fine (Paragraph 4 of the Schedule).

275.By virtue of Paragraph 19, the offender is entitled to a discount on the fine (but not costs or compensation) if the sum due (i.e. all monies owing, including any compensation and costs) is paid without the offender at any time having been in default on the order. If the offender defaults, the discount is lost.

276.The amount of the discount is to be determined (by the Lord Chancellor not the fines officer) in the fines collection regulations, but the discount must not be more than 50% of the fine. The discount is given effect by wiping out the offender's liability to pay the part of the fine that is equal to the amount of the discount. For example, if the offender is ordered to pay a fine of £100 in weekly instalments of £10, and the discount is set at 20%, provided he pays the first £80 in accordance with the terms set, he will not have to pay the final two instalments.

277.Paragraph 20 defines 'in default on a collection order' as being failure by the offender to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date specified.

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