Criminal Justice and Police Bill - continued        House of Commons
PART I, PROVISIONS FOR COMBATTING CRIME AND DISORDER - continued
Procedure - continued

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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).
 
 
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