Modifications etc. (not altering text)
C1Sch. 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)
C2Sch. 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)
42(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.
Commencement Information
I1Sch. 5 para. 42 wholly in force at 5.4.2004; Sch. 5 para. 42 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 42 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 42 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 42 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Valid from 03/07/2006
[F142A(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.]
Textual Amendments
F1Sch. 5 para. 42A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 29