Fines (Payment and Recovery) Act 2014
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Failure to recover fine, etc., by use of receiver | ||
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11. (1) Where the receiver determines that he or she has been unable to recover— | ||
(a) the fine, | ||
(b) if the fined person has exercised his or her option to pay the fine by instalments under section 6 (1)(a)(ii), the balance of the fine outstanding, or | ||
(c) a sum or sums from the sale of property belonging to the fined person sufficient to pay the fine or the balance of the fine outstanding, as the case may be, he or she shall give notice in writing to the court that imposed the fine of that inability and of the name of the fined person. | ||
(2) Where the court is given a notice under subsection (1), the appropriate court official concerned shall, by notice in writing served on the fined person, require the person to appear before the court on the date and at the time specified in the notice. | ||
(3) A notice under subsection (2) shall— | ||
(a) state that the court may make a community service order in respect of the fined person and also state the conditions for the making of such an order under section 4 of the Act of 1983, | ||
(b) state that the court may commit the fined person to prison in accordance with section 2 or 2A of the Act of 1986, and | ||
(c) state that the fined person may be arrested if he or she fails to appear before the court as required by the notice. | ||
(4) Where a fined person fails, without reasonable excuse, to appear before the court as required by a notice issued under subsection (2), the court shall, if satisfied that the notice was served on the person— | ||
(a) issue a warrant for the arrest of the person, or | ||
(b) if the court thinks it appropriate in all the circumstances, cause a further notice under subsection (2) to be served on the person specifying a new date for the person to appear before the court. | ||
(5) A fined person arrested under subsection (4)(a) shall be brought before the next sitting of the court. | ||
(6) The court shall, at the sitting of the court on the date specified in the notice concerned served on the fined person under subsection (2) (unless the person has paid the fine on or before that date)— | ||
(a) make a community service order in respect of the person; or | ||
(b) commit the person to prison in accordance with section 2 or 2A of the Act of 1986. |