Page:Magistrates’ Courts Act 1980.pdf/58

50c. 43

(3) None of the following orders, namely—
 * (a) an order under section 19(1) of the Criminal Justice Act 1948 for attendance at an attendance centre; or
 * (b) any order under subsection (1) above,

shall be made by a magistrates’ court in consequence of á default of a person under the age of 17 years consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter’s means in his presence on at least one occasion.

(4) An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.

(5) An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.

(6) A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.

(7) Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.

(8) In this section—
 * “guardian”, in relation to a person under the age of 17, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;
 * “the statutory restrictions upon the imprisonment of young offenders” has the meaning given by section 39(1) of the Criminal Justice Act 1961;
 * “sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including an order made under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders) as applied by section 3(6) of the Children and Young Persons Act 1969.