SCHEDULES

C1C2SCHEDULE 6Discharge of fines by unpaid work

Annotations:
Modifications etc. (not altering text)

Cases where work order may be made

2

1

The relevant court may, on the application of a fines officer or of its own motion, make an order under this Schedule (a “work order”) where—

a

it appears to the court that in view of P’s financial circumstances all the following methods of enforcing payment of the relevant sum are likely to be impracticable or inappropriate—

i

a F4warrant of control under section 76 of the 1980 Act,

ii

an application to the High Court or county court for enforcement under section 87 of the 1980 Act,

iii

an order under section 88 of the 1980 Act,

iv

an attachment of earnings order,

v

an application for deductions to be made by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from F1universal credit and income support etc.), and

vi

a collection order under Schedule 5 F5(including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order),

b

it appears to the court that P is a suitable person to perform unpaid work under this Schedule, and

c

P consents to the making of the order.

2

A court which is considering the making of a work order may issue a summons requiring P to appear before the court.

3

A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his F2assets and other financial circumstances as the court may require.

4

Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of F3assets and other financial circumstances) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.