The Criminal Procedure Rules 2010

Payment after imprisonment imposed by magistrates’ court

52.8.—(1) The persons authorised for the purposes of section 79(2) of the Magistrates’ Courts Act 1980(1) to receive a part payment are—

(a) unless there has been issued a warrant of distress or commitment, the court officer for the court enforcing payment of the sum, or any person appointed under section 88 of that Act to supervise the offender;

(b) where the issue of a warrant of commitment has been suspended on conditions which provide for payment to be made to the court officer for another magistrates’ court, that court officer;

(c) any constable holding a warrant of distress or commitment or, where the warrant is directed to some other person, that person; and

(d) the governor or keeper of the prison or place in which the defaulter is detained, or other person having lawful custody of the defaulter:

Provided that—

(i) the said governor or keeper shall not be required to accept any sum tendered in part payment under the said section 79(2) of the 1980 Act except on a week-day between 9 o’clock in the morning and 5 o’clock in the afternoon, and

(ii) no person shall be required to receive in part payment under the said subsection (2) an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

(2) Where a person having custody of a defaulter receives payment of any sum he shall note receipt of the sum on the warrant of commitment.

(3) Where the magistrates’ court officer for a court other than the court enforcing payment of the sums receives payment of any sum he shall inform the magistrates’ court officer for the other court.

(4) Where a person appointed under section 88 of the 1980 Act(2) to supervise an offender receives payment of any sum, he shall send it forthwith to the magistrates’ court officer for the court which appointed him.

(1)

1980 c. 43; section 79(2) was amended by paragraph 219 of Schedule 8 to the Courts Act 2003 (c. 39) and is amended by section 62 of, and paragraphs 45, 47 and 48 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), with effect from a date to be appointed.

(2)

1980 c. 43; section 88 was amended by paragraph 53 of Schedule 14 to the Criminal Justice Act 1982 (c. 48) and by paragraph 68 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and is further amended by paragraphs 58 and 64 of Part II of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43) and section 62 of, and paragraphs 45 and 54 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 29), with effect from a date to be appointed.