Modifications etc. (not altering text)
C1Pt. 1 Ch. 1 extended (15.11.2003) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 1(2)(a); S.I. 2003/2593, art. 2(d)
C2Pt. 1 Ch. 1 modified (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 6
(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)[F1Subject to any regulations made under subsection (7), 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.
[F2(7)The Secretary of State may by regulations make provision as to the directions that the court may, or must, give or the orders it may, or must, make if it sets aside a fine relating to a sum registered under section 8 on the basis that section 4(8) applies.]
Textual Amendments
F1Words in s. 10(6) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 10(2); S.I. 2013/453, art. 4(e)
F2S. 10(7) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 10(3); S.I. 2013/453, art. 4(e)