Page:Magistrates’ Courts Act 1980.pdf/65

Rh

91.—(1) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975 or section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964 provides that payment of a sum shall be enforceable in a specified petty sessions area in England and Wales, a magistrates’ court acting for that area, and the clerk of that court, shall, subject to the provisions of this section, have all the like functions under this part of this Act in respect of the sum (including power to make an order under section 89 or section 90 above) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, 1964 in respect of the sum before the making of the transfer of fine order had been made by that court.

(2) For the purpose of determining the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 4 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407 of the Criminal Procedure (Scotland) Act 1975.

(3) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975 or section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964 provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court acting for that area shall have all the like functions under this part of this Act, exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of section 32(1) of the Powers of Criminal Courts Act 1973, and as if any order made under the said Act of 1975 or, as the case may be, 1964 in respect of the fine before the making of the transfer of fine order had been made by that court. Sums adjudged to be paid by an order

92.—(1) A magistrates’ court shall not exercise its power under section 76 above to issue a warrant to commit to prison a person who makes default in paying a sum adjudged to be paid by an order of such a court except where the default is under—
 * (a) a magistrates’ court maintenance order;
 * (b) an order under section 32 of the Legal Aid Act 1974 (contribution by legally assisted person to cost of his defence in a criminal case); or
 * (c) an order for the payment of any of the taxes, contributions, premiums or liabilities specified in Schedule 4 to the Administration of Justice Act 1970.

{Anchor|92.2}}(2) This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default C