Part I Powers of Courts to Deal with Offenders

Crown Court fines, etc.

32 Enforcement, etc., of fines imposed and recognizances forfeited by Crown Court.

(1)

Subject to the provisions of subsection (4) below, a fine imposed or a recognizance forfeited by the Crown Court after 31st December 1967 shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or 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 was committed to the Crown Court to be tried or dealt with F1, or by which he was sent to other Court for trial under section 51 of the Criminal Disorder Act 1998;

and in the case of a fine as having been so imposed on conviction by the magistrates’ court in question.

(2)

The term of imprisonment F2or detention under section 9 of the Criminal Justice Act 1982 specified in any warrant of commitment issued by a magistrates’ court on a default in the payment of a fine imposed, or sum due under a recognizance forfeited, by the Crown Court as the term which the offender is liable to serve shall be the term fixed by the latter court under section 31(2) of this Act or, if that term has been reduced under F3section 79(2) of the Magistrates’ Courts Act 1980 (part payment) or F3F4section 85(2) of that Act (remission) that term as so reduced, notwithstanding that that term exceeds the period applicable to the case under . . . F5 . . . F6F7section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of fines, etc.).

(3)

The preceding provisions of this section shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references in those provisions to the Crown Court F8(except the reference in subsection (1)(b) above) shall be construed accordingly.

F9(4)

A magistrates’ court shall not, under section 85(1) or 120 of the M1Magistrates’ Courts Act 1980 as applied by subsection (1) above, remit the whole or any part of a fine imposed by, or sum due under a recognizance forfeited by—

(a)

the Crown Court,

(b)

the criminal division of the Court of Appeal, or

(c)

the House of Lords on appeal from that division,

without the consent of the Crown Court.

F10(5)

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

(6)

Any fine or other sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of the F11Justices of the Peace Act 1997 and, in particular, section 60 of that Act (application of fines and fees) as having been imposed by a magistrates’ court, or as being due under a recognizance forfeited by such a court.