Page:Magistrates’ Courts Act 1980.pdf/79

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(3) The court which declares the recognizance to be forfeited may, instead of adjudging any person to pay the whole sum in which he is bound, adjudge him to pay part only of the sum or remit the sum.

(4) Payment of any sum adjudged to be paid under this section, including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction of an offence not punishable with imprisonment and so much of section 85(1) above as empowers a court to remit fines shall not apply to the sum but so much thereof as relates to remission after a term of imprisonment has been imposed shall so apply; but at any time before the issue of a warrant of commitment to enforce payment of the sum, or before the sale of goods under a warrant of distress to satisfy the sum, the court may remit the whole or any part of the sum either absolutely or on such conditions as the court thinks just.

(5) A recognizance such as is mentioned in this section shall not be enforced otherwise than in accordance with this section. and accordingly shall not be transmitted to the Crown Court nor shall its forfeiture be certified to that Court.    Consitution and place of sitting of magistrates’ courts

121.—(1) A magistrates’ court shall not try an information summarily or hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of any enactment may take place before a single justice.

(2) A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above except when composed of at least 2 justices.

(3) A magistrates’ court shall not—
 * (a) try summarily an information for an indictable offence or hear a complaint except when sitting in a petty-sessional court-house;
 * (b) try an information for a summary offence or hold an inquiry into the means of an offender for the purposes of section 82 above, or impose imprisonment, except when sitting in a petty-sessional court-house or an occasional court-house.

(4) Subject to the provisions of any enactment to the contrary, where a magistrates’ court is required by this section to sit in a petty-sessional or occasional court-house, it shall sit in open court. 