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Schedule 5 | |
Section 97(1) | |
Collection of fines | |
Part 1 | |
Introductory | |
Application of Schedule | 5 |
1 (1) This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum | |
which— | |
(a) consists of or includes a fine, and | |
(b) is or is treated for the purposes of Part 3 of the 1980 Act as a sum | |
adjudged to be paid by conviction of a magistrates’ court. | 10 |
(2) In sub-paragraph (1)(a) “fine” does not include a pecuniary penalty, | |
pecuniary forfeiture or pecuniary compensation payable on conviction. | |
Meaning of “the sum due” | |
2 In this Schedule “the sum due” means the sum adjudged to be paid as | |
mentioned in paragraph 1(1). | 15 |
Meaning of “existing defaulter” etc. | |
3 (1) For the purposes of this Schedule, P is an existing defaulter if it is shown | |
that— | |
(a) he was required to pay the sum due immediately but failed to do so, | |
(b) the sum due or any other sum is registered for enforcement against | 20 |
him as a fine under— | |
(i) section 71 of the Road Traffic Offenders Act 1988 (c. 53), | |
(ii) section 9 of the Criminal Justice and Police Act 2001 (c. 16), or | |
(iii) any other enactment specified in fines collection regulations, | |
(c) he is in default on a collection order in respect of another sum falling | 25 |
within paragraph 1(1), or | |
(d) he is in default in payment of another sum falling within paragraph | |
1(1) but in respect of which no collection order has been made. | |
(2) For the purposes of this Schedule, P’s existing default can be disregarded | |
only if he shows that there was an adequate reason for it. | 30 |
(3) Sub-paragraph (2) is subject to sub-paragraph (4). | |
(4) Where a sum is registered for enforcement against P as mentioned in sub- | |
paragraph (1)(b), P’s existing default is not one which can be disregarded for | |
the purposes of the following provisions of this Schedule. | |
(5) In sub-paragraph (1)(a) “immediately” means, where P is informed of his | 35 |
liability to pay the sum due in a notice, within the period specified in the | |
notice. | |
(6) The period so specified must be a period which— | |
(a) is not longer than 10 working days, and | |
(b) begins with the date of the notice. | 40 |
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(7) “Collection order” means an order made under Part 4 of this Schedule. | |
Part 2 | |
Immediate payment of fines: discounts | |
Application of Part | |
4 This Part applies if the court which is imposing the liability to pay the sum | 5 |
due concludes— | |
(a) that P should be required to pay the sum due immediately, and | |
(b) that he is not an existing defaulter or, if he is, that his existing default | |
(or defaults) can be disregarded. | |
Court’s duty in relation to discount | 10 |
5 The court must make an order— | |
(a) stating its conclusions on the matters referred to in paragraph 4(b), | |
(b) stating the amount of the sum due, the amount of the fine and the | |
amount of any other part of the sum due, and | |
(c) informing P of the effect of paragraph 6. | 15 |
The discount | |
6 (1) P is allowed a discount on the fine if the sum due, less the amount of the | |
discount, is paid in accordance with the terms of the order. | |
(2) The amount of the discount is to be determined in accordance with fines | |
collection regulations, but must not be greater than 50% of the fine. | 20 |
(3) The discount is given effect by extinguishing P’s liability to pay the part of | |
the sum due that is equal to the amount of the discount. | |
Part 3 | |
Attachment of earnings orders and applications for benefit deductions | |
Application of Part | 25 |
7 (1) This Part applies if— | |
(a) the court which is imposing the liability to pay the sum due | |
concludes that P should not be required to pay the sum due | |
immediately, or | |
(b) P was required to pay the sum due immediately but failed to do so. | 30 |
(2) In the following provisions of this Part, “the relevant court” means— | |
(a) the court which is imposing the liability to pay the sum due, or | |
(b) if sub-paragraph (1)(b) applies, the magistrates’ court responsible for | |
enforcing payment of the sum due. | |
Attachment of earnings order or application for benefit deductions without P’s consent | 35 |
8 (1) This paragraph applies if the relevant court concludes that P is an existing | |
defaulter and that his existing default (or defaults) cannot be disregarded. | |
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(2) The court must make an attachment of earnings order if it appears to the | |
court— | |
(a) that P is in employment, and | |
(b) that it is not impracticable or inappropriate to make the order. | |
(3) The court must make an application for benefit deductions if it appears to | 5 |
the court— | |
(a) that P is entitled to a relevant benefit, and | |
(b) that it is not impracticable or inappropriate to make the application. | |
(4) If it appears to the court that (apart from this sub-paragraph) both sub- | |
paragraph (2) and sub-paragraph (3) would apply, the court must make | 10 |
either an attachment of earnings order or an application for benefit | |
deductions. | |
Attachment of earnings order or application for benefit deductions with P’s consent | |
9 (1) This paragraph applies if the relevant court concludes that P is not an | |
existing defaulter or, if he is, that his existing default (or defaults) can be | 15 |
disregarded. | |
(2) The court may make— | |
(a) an attachment of earnings order, or | |
(b) an application for benefit deductions, | |
if P consents. | 20 |
Meaning of “relevant benefit” and “application for benefit deductions” | |
10 In this Schedule— | |
(a) “relevant benefit” means a benefit from which the Secretary of State | |
may make deductions by virtue of section 24 of the Criminal Justice | |
Act 1991 (c. 53) (recovery of fines etc. by deductions from income | 25 |
support etc.), and | |
(b) “application for benefit deductions”, in relation to a relevant benefit, | |
means an application to the Secretary of State asking him to deduct | |
sums from any amounts payable to P by way of the benefit. | |
Part 4 | 30 |
Making of collection orders | |
Application of Part | |
11 (1) This Part applies if— | |
(a) the court imposing the liability to pay the sum due concludes that P | |
should not be required to pay the sum due immediately, or | 35 |
(b) P was required to pay the sum due immediately but failed to do so; | |
(and it applies whether or not the relevant court has made an attachment of | |
earnings order or application for benefit deductions under Part 3 of this | |
Schedule). | |
(2) In this Part “the relevant court” has the same meaning as in Part 3 of this | 40 |
Schedule. | |
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Court’s power to make a collection order | |
12 (1) The relevant court must make an order (“a collection order”) relating to the | |
payment of the sum due, unless it appears to the court that it is impracticable | |
or inappropriate to make the order. | |
(2) If P is subject to a collection order, the powers of any court to deal with P’s | 5 |
liability to pay the sum due are subject to the provisions of this Schedule and | |
to fines collection regulations. | |
Contents of collection orders: general | |
13 (1) The collection order must— | |
(a) state the amount of the sum due, the amount of the fine and the | 10 |
amount of any other part of the sum due, | |
(b) state the court’s conclusions as to whether P is an existing defaulter | |
and if so whether the existing default (or defaults) can be | |
disregarded, | |
(c) if the court has made an attachment of earnings order or an | 15 |
application for benefit deductions, state that fact, | |
(d) either specify the fines officer who is to have in relation to P the | |
powers conferred by this Schedule or specify that any fines officer | |
working at a specified fines office is to have those powers in relation | |
to P, and | 20 |
(e) contain information about the effect of the order. | |
(2) In this Schedule “the fines officer”, in relation to P, means the fines officer | |
specified in the collection order or, if the collection order specifies a fines | |
office, any fines officer working at the specified office. | |
Contents of collection orders: no attachment of earnings order etc. made | 25 |
14 (1) If the relevant court has not under Part 3 made an attachment of earnings | |
order or an application for benefit deductions, the collection order must state | |
the payment terms. | |
(2) “The payment terms” means— | |
(a) a term requiring P to pay the sum due within a specified period, or | 30 |
(b) terms requiring P to pay the sum due by instalments of specified | |
amounts on or before specified dates. | |
Contents of collection orders: attachment of earnings order etc. made | |
15 (1) If the court has under Part 3 of this Schedule made an attachment of earnings | |
order or an application for benefit deductions, the collection order must state | 35 |
the reserve terms. | |
(2) “The reserve terms” means terms of a description mentioned in paragraph | |
14(2) but which (subject to paragraphs 31, 32, 35, 36 and 39) are to have effect | |
if the attachment of earnings order or application for benefit deductions | |
fails. | 40 |
When an attachment of earnings order fails | |
16 For the purposes of this Schedule, an attachment of earnings order fails if— | |
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(a) P’s employer fails to comply with the order, or | |
(b) the order is discharged at a time when P remains liable to pay any | |
part of the sum due. | |
When an application for benefit deductions fails | |
17 For the purposes of this Schedule, an application for benefit deductions fails | 5 |
if— | |
(a) the application is withdrawn, | |
(b) the Secretary of State decides not to make deductions, | |
(c) an appeal against a decision of the Secretary of State to make | |
deductions succeeds, or | 10 |
(d) the Secretary of State ceases to make deductions at a time when P | |
remains liable to pay any part of the sum due. | |
Part 5 | |
Discount where collection order made | |
Application of Part | 15 |
18 This Part applies if— | |
(a) a collection order has been made in respect of the sum due, and | |
(b) the order states that P is not an existing defaulter or, if he is, that his | |
existing default (or defaults) can be disregarded. | |
Discount on fine if the sum due is paid without default | 20 |
19 (1) P is allowed a discount on the fine if the sum due, less the amount of the | |
discount, is paid without P at any time having been in default on the order. | |
(2) The amount of the discount is to be determined in accordance with fines | |
collection regulations but must not be greater than 50% of the fine. | |
(3) The discount is given effect by extinguishing P’s liability to pay the part of | 25 |
the sum due that is equal to the amount of the discount. | |
Meaning of “in default on a collection order” | |
20 For the purposes of this Schedule, P is in default on a collection order if he | |
fails to pay any amount due under the payment terms (or, if they have effect, | |
the reserve terms) on or before the date on which it is required to be paid. | 30 |
Part 6 | |
Variation of collection orders containing payment terms | |
Application of Part | |
21 This Part applies if the court has made a collection order and the order | |
contains payment terms. | 35 |
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Application to fines officer for variation of order or attachment of earnings order etc. | |
22 (1) P may, at any time— | |
(a) after the collection order is made and before Part 7 applies, and | |
(b) when he is not in default on the order, | |
apply to the fines officer under this paragraph. | 5 |
(2) P may apply for— | |
(a) the payment terms to be varied, or | |
(b) an attachment of earnings order or application for benefit deductions | |
to be made. | |
(3) No application may be made under sub-paragraph (2)(a) unless— | 10 |
(a) there has been a material change in P’s circumstances since the | |
collection order was made (or the payment terms were last varied | |
under this paragraph), or | |
(b) P is making further information about his circumstances available. | |
(4) On an application under sub-paragraph (2)(a), the fines officer may decide— | 15 |
(a) to vary the payment terms in P’s favour, or | |
(b) not to vary them. | |
(5) On an application under sub-paragraph (2)(b), the fines officer may | |
decide— | |
(a) to make an attachment of earnings order or application for benefit | 20 |
deductions, or | |
(b) not to do so. | |
(6) If he decides to make an order or application he must vary the collection | |
order so that it states reserve terms. | |
(7) The reserve terms must not be less favourable to P than the payment terms. | 25 |
(8) A decision of the fines officer under this paragraph must be in writing, dated | |
and delivered to P. | |
(9) Subject to paragraph 23, the effect of— | |
(a) a decision under sub-paragraph (4)(a), and | |
(b) a variation under sub-paragraph (6), | 30 |
is that the collection order has effect as varied by the fines officer. | |
Appeal against decision of fines officer | |
23 (1) P may, within 10 working days from the date of a decision under paragraph | |
22, appeal to the magistrates’ court against the decision. | |
(2) On an appeal under this paragraph the magistrates’ court may— | 35 |
(a) confirm or vary the payment terms (or the reserve terms), | |
(b) if the appeal is against a decision on an application under paragraph | |
22(2)(b) or if P consents, make an attachment of earnings order or an | |
application for benefit deductions, or | |
(c) discharge the collection order and exercise any of its standard | 40 |
powers in respect of persons liable to pay fines. | |
(3) If the court makes an attachment of earnings order or an application for | |
benefit deductions, it must vary the collection order so that it states reserve | |
terms. | |
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Nature of power to vary terms of collection order | |
24 (1) A power to vary the payment terms of a collection order includes power to— | |
(a) substitute terms requiring P to pay by specified instalments on or | |
before specified dates for a term requiring P to pay within a specified | |
period, or | 5 |
(b) substitute a term requiring P to pay within a specified period for | |
terms requiring P to pay the sum due by specified instalments on or | |
before specified dates. | |
(2) Subject to sub-paragraph (1), a power to vary the payment terms of a | |
collection order under which the sum due is required to be paid within a | 10 |
specified period is a power to vary the date on or before which the sum due | |
is to be paid. | |
(3) Subject to sub-paragraph (1), a power to vary the payment terms of a | |
collection order under which the sum due is required to be paid by specified | |
instalments on or before specified dates is a power to vary— | 15 |
(a) the number of instalments payable; | |
(b) the amount of any instalment; | |
(c) the date on or before which any instalment is required to be paid. | |
(4) This paragraph applies in relation to the variation of the reserve terms as it | |
applies in relation to the payment terms. | 20 |
Part 7 | |
Effect of first default on collection order containing payment terms | |
Application of Part | |
25 This Part applies on the first occasion on which P is in default on a collection | |
order containing payment terms and none of the following is pending— | 25 |
(a) an application under paragraph 22 (application to fines officer for | |
variation of order or for attachment of earnings order etc.); | |
(b) an appeal under paragraph 23 (appeal against decision of fines | |
officer); | |
(c) a reference under paragraph 42 (power of fines officer to refer case to | 30 |
magistrates’ court). | |
Attachment of earnings order or application for benefit deductions to be made | |
26 (1) The fines officer must make an attachment of earnings order if it appears to | |
him— | |
(a) that P is in employment, and | 35 |
(b) that it is not impracticable or inappropriate to make the order. | |
(2) The fines officer must make an application for benefit deductions if it | |
appears to him— | |
(a) that P is entitled to a relevant benefit, and | |
(b) that it is not impracticable or inappropriate to make the application. | 40 |
(3) If it appears to the fines officer that (apart from this sub-paragraph) both | |
sub-paragraph (1) and sub-paragraph (2) would apply, he must make either | |
an attachment of earnings order or an application for benefit deductions. | |
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