Page:Criminal Law Act 1977.pdf/113

Sch. 12

begun and that declaration is served on the clerk to the justices within fourteen days of that date) for “fourteen days” substitute “twenty-one days”.

(3) After subsection (4) (service of statutory declaration) insert—

“(4A) If, on the application of the defendant it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the defendant to serve such a statutory declaration as is mentioned in subsection (3) above within the period allowed by that subsection, the court may accept service of such a declaration by the defendant after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.”.

(4) The preceding provisions of this paragraph shall not apply in relation to proceedings commenced before the coming into force of this paragraph.

5. In section 44(5) (restrictions on magistrates’ court’s power to issue a warrant of commitment for a default in paying a sum adjudged to be paid by a conviction), for paragraph (b) substitute—

“(b) the court—

(i) is satisfied that the default is due to the offender’s wilful refusal or culpable neglect; and

(ii) has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful.”

6. After section 44 insert as section 44A—

“Power of court to fix day for appearance of offender at means inquiry etc.

44A.—(1) Where under section 63(1) of the 1952 c. 55.Magistrates’ magistrates Courts Act 1952 a magistrates’ court allows time for payment of a sum adjudged to be paid by a conviction of the court (‘the adjudged sum’), the court may on that or any subsequent occasion fix a day on which, if any part of that sum remains unpaid on that day, the offender must appear in person before the court for either or both of the following purposes, namely—

(a) to enable an inquiry into his means to be made under section 44 of this Act;

(b) to enable a hearing required by subsection (6) of the said section 44 to be held.

(2) Except as provided in subsection (3) of this section, the power to fix a day under this section shall be exercisable only in the presence of the offender.

(3) Where a day has been fixed under this section, the court may fix a later day in substitution for the day previously fixed, and may do so—

(a) when composed of a single justice; and

(b) whether the offender is present or not.