SCHEDULES
C1C2SCHEDULE 5Collection of fines
Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)
Part 9Operation of collection orders after increase imposed
Power of fines officer to refer case to magistrates' court
I142
1
The fines officer may refer a case to the magistrates' court at any time during the period which—
a
begins the day after the collection order is made, and
b
ends with the date on which—
i
the sum due (including any increase to which he remains liable) is paid, or
ii
the order is discharged.
2
On a referral under this paragraph, the court may—
a
confirm or vary the payment terms (or the reserve terms),
b
discharge the order and exercise any of its standard powers in respect of persons liable to pay fines, or
c
to the extent permitted by fines collection regulations, exercise a power it could exercise under any other paragraph.
3
Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.
42AF1Increase in fine by court
1
This paragraph applies where—
a
P is in default on a collection order,
b
the sum due consists of or includes a fine, and
c
the fines officer has referred P's case to the court—
i
under paragraph 37(6)(a), or
ii
after taking any of the steps listed in paragraph 38.
2
Where the court is satisfied that the default is due to P's wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.
3
But the court may not increase any other sum which is the subject of the order.
4
The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
5
The increase is given effect by treating it as part of the fine imposed on P by his conviction.
Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)