Justice Act (Northern Ireland) 2015

Prospective

Failure to pay prosecutorial fineN.I.

This section has no associated Explanatory Notes

22—(1) This section applies if—

(a)a prosecutorial fine notice is issued to a person under section 18; and

(b)by the end of the period allowed for payment, the fine has not been paid in accordance with this Part.

(2) The enhanced sum may be registered under section 24 for enforcement against that person as a fine.

(3) The fines clerk must notify the Director of Public Prosecutions for Northern Ireland that the prosecutorial fine has not been paid.

(4) Except in a case falling within subsection (5) or (7), the enhanced sum is a sum equal to one and a half times the amount of the prosecutorial fine.

(5) Where—

(a)the offence to which the prosecutorial fine notice issued under section 18(2) relates is an offence under Article 3(1) of the Criminal Damage (Northern Ireland) Order 1977; and

(b)in calculating the prosecutorial fine an amount has been included under section 19(2)(c),

the enhanced sum is the amount specified in subsection (6).

(6) That amount is the aggregate of—

(a)one and a half times the amount determined by the Public Prosecutor under section 19(2)(a);

(b)one and a half times the amount mentioned in section 19(2)(b); and

(c)the amount determined by the Public Prosecutor under section 19(2)(c).

(7) Where—

(a)the offences to which a prosecutorial fine notice issued under section 18(3) relates includes one or more offences under Article 3(1) of the Criminal Damage (Northern Ireland) Order 1977; and

(b)in calculating the prosecutorial fine an amount has been included under section 19(4)(c),

the enhanced sum is the amount specified in subsection (8).

(8) That amount is the aggregate of—

(a)one and a half times the amount determined by the Public Prosecutor under section 19(4)(a);

(b)one and a half times the amount mentioned in section 19(4)(b); and

(c)the amount determined by the Public Prosecutor under section 19(4)(c).