 | |
Registration of sums payable in default. |
11. - (1) If the justices' chief executive for a petty sessions area receives a registration certificate, he must register the registrable sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area. |
|
(2) But if it appears to him that the defaulter does not reside in that area- |
|
(a) subsection (1) does not apply to him; but |
|
(b) he must cause the certificate to be sent to the person appearing to him to be the appropriate justices' chief executive. |
|
(3) A justices' chief executive registering a sum under this section for enforcement as a fine, must give the defaulter notice of the registration. |
|
(4) The notice must- |
|
(a) specify the amount of the sum registered, and |
|
(b) give the information with respect to the offence, and the authority for registration, which was included in the registration certificate under section 10. |
|
(5) If a sum is registered in a magistrates' court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered sum were a fine imposed by that court on the conviction of the defaulter on the date on which the sum was registered. |
Enforcement of fines. |
12. - (1) In this section- |
|
"fine" means a sum which is enforceable as a fine as a result of section 11; 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) 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. |
| Interpretation |
Interpretation of Chapter I of Part I. |
13. In this Chapter- |
|
"chief officer of police" includes the Chief Constable of the British Transport Police; |
|
"defaulter" has the meaning given in section 10(5); |
|
"penalty notice" has the meaning given in section 2(4); |
|
"penalty offence" has the meaning given in section 1(1); |
|
"registrable sum" has the meaning given in section 10(4). |