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Justice Act (Northern Ireland) 2016

Type Act of the Northern Ireland Assembly

Publication 2016-05-12

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

PART 1 — FINES AND OTHER PENALTIES: ENFORCEMENT

CHAPTER 1 — Collection of Fines etc.

Introductory

Application of Chapter

1

(1) This Chapter applies where—

(a) a person is liable to pay a fine or other sum adjudged to be paid by or imposed on a conviction or a sum which is treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed, and

(b) a court in Northern Ireland imposed the liability to pay the sum or is responsible for enforcing its payment.

(2) In this Chapter—

“the sum due” means the sum mentioned in subsection (1)(a),

“the debtor” means the person liable to pay the sum due, and

“the outstanding amount” means the amount of the sum due which for the time being remains to be paid.

Collection officers and orders

Collection officers

2

(1) The Department of Justice may designate civil servants in the Department to be collection officers for the purposes of this Chapter; and a reference in this Chapter to a “collection officer” is a reference to a person so designated.

(2) The general functions of a collection officer are—

(a) to provide debtors with information and advice about payment of the sums due;

(b) to secure compliance with collection orders (see section 3).

(3) Regulations may make further provision about collection officers; and the regulations may, in particular, confer or impose functions on collection officers.

Collection order

3

(1) The court referred to in section 1(1)(b) must make an order (a “collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to do so.

(2) The court may not make a collection order in so far as the sum due consists of an amount payable under a confiscation order under Part 4 of the Proceeds of Crime Act 2002.

(3) Where a collection order is made, the powers of a court to deal with the liability of the debtor to pay the sum due are subject to the provisions of this Chapter and to regulations made under it.

(4) A collection order must—

(a) state the amount of the sum due,

(b) if the sum due consists of separate amounts, state each separate amount,

(d) contain information about how payments may be made under the terms of the order,

(e) contain information about how to contact the collection officer responsible for securing compliance with the order,

(f) contain information about the effect of the order and the consequences of failing to comply with it, and

(g) contain the additional provision required by section 4(3) or (4).

(5) Where a court makes a collection order, it must—

(a) serve the order on the debtor, and

(b) send a copy to the collection officer.

(6) Where the debtor appeals against the conviction or sentence in a case in which a collection order has been made, the collection order is suspended until the appeal is determined or abandoned.

(7) In a case where, before the commencement of this section, a person has defaulted on payment of a sum of the kind mentioned in section 1—

(a) if a court has yet to deal with the person for the default, the proper officer may refer the case to the court which is responsible for enforcing payment of the sum for it to consider whether to make a collection order;

(b) if a court has already dealt with the person for the default, a collection order may not be made.

(8) In subsection (7), “proper officer” means—

(a) in relation to a magistrates' court, the clerk of petty sessions;

(b) in relation to the Crown Court, the chief clerk.

Additional powers where collection order made

4

(1) Where a court makes a collection order in the case of a debtor who is an individual, it may also—

(a) order the collection officer who is responsible for securing compliance with the order to make an application for deduction from benefits in relation to the debtor (see sections 14 to 16);

(b) make an attachment of earnings order in relation to the debtor (see sections 18 and 19).

(2) But a court may make an order under subsection (1)(a) or (b) only if—

(a) the court, having considered whether it would be appropriate to require the debtor to pay the sum due in either of the ways mentioned in subsection (4), is satisfied that it would be more appropriate to make the order under subsection (1)(a) or (b), and

(b) the debtor consents to the making of the order.

(3) If the court makes an order under subsection (1)(a) or (b), the collection order must also state that the order has been made.

(4) If the court does not make an order under subsection (1)(a) or (b), the collection order must also include—

(a) a term requiring the payment of the outstanding amount within a specified period, or

(b) terms requiring the payment of the outstanding amount by instalments of specified amounts on or before specified dates.

(5) If the court makes an order under subsection (1)(a), the collection officer must make an application for deduction from benefits in relation to the debtor.

Default on payment

Collection officer to contact debtor in default

5

(1) This section and section 6 apply where a debtor who is subject to a collection order fails to comply with the order.

(2) Where the debtor is an individual, the collection officer must take reasonable steps to contact the individual for the purpose of obtaining or verifying the following information—

(a) the individual's full name, address, date of birth and National Insurance number,

(b) particulars of any earnings or other income the individual receives or expects to receive and the name and address of any employer the individual has,

(d) particulars of any bank account or similar account held in the individual's sole name, and

(e) particulars of any vehicles registered in the individual's name.

(3) Where the debtor is a company, the collection officer must take reasonable steps to contact an officer of the company for the purpose of obtaining or verifying the following information—

(a) the company's name and registered address,

(b) particulars of any bank account or similar account held in the company's name, and

(4) If the collection officer, having taken steps as mentioned in subsection (2) or (3), is unable to contact the debtor or if the debtor fails, without reasonable excuse, to provide the information referred to in that subsection, the collection officer may apply to a magistrates' court for the issue of a summons to require the debtor to attend on the collection officer at the time and place specified in the summons.

(5) A person commits an offence if the person fails, without reasonable excuse, to provide information required under subsection (2) or (3).

(6) A person commits an offence if, in providing information in response to a requirement under subsection (2) or (3), the person—

(a) provides information which the person knows to be false in a material particular,

(b) recklessly provides information which is false in a material particular, or

(7) In subsection (2)(c), “welfare benefit” means a benefit to which section 5 of the Social Security Administration (Northern Ireland) Act 1992 applies or which is treated by a provision of that section as if it were a benefit to which that section applies.

Powers of collection officer in relation to debtor in default

6

(1) The collection officer may at any time the officer considers appropriate refer the debtor's case to the court which is responsible for enforcing payment of the sum due; and a reference in this Chapter to “the responsible court” is a reference to that court.

(2) The collection officer may, on an application by the debtor (which may be made orally or in writing), vary the terms of the collection order—

(a) by extending the period within which payment of the outstanding amount is required,

(b) by permitting payment of the outstanding amount by instalments of specified amounts on or before specified dates, or

(c) where the order already permits payment by instalments, by amending the amounts of the instalments, the dates on or before which they must be paid, or both.

(3) The collection officer may, whether or not on an application by the debtor (which may be made orally or in writing) and whether or not the debtor consents—

(a) if it appears to the officer that the debtor is receiving a relevant benefit (see section 14(3)), make an application for deduction from benefits in relation to the debtor;

(b) if it appears to the officer that the debtor is receiving or expecting to receive earnings, make an attachment of earnings order in relation to the debtor;

(c) if it appears to the officer that the debtor is both receiving or expecting to receive earnings and receiving a relevant benefit, either make an application for deduction from benefits or make an attachment of earnings order in relation to the debtor.

(4) But the collection officer may take action under subsection (3) only if the officer, having considered whether it would be appropriate to take action under subsection (2) (on the assumption that the debtor had made the necessary application), is satisfied that it would be more appropriate to take the action under subsection (3).

(5) Where the collection officer is unable to secure compliance with the collection order by taking action under subsection (2) or (3) but is satisfied that there are funds in an account held with a deposit-taker in the debtor's sole name, the collection officer—

(a) may make an interim bank account order in relation to the debtor (see section 20), and

(b) where the collection officer does so, must refer the debtor's case to the responsible court.

(6) Where the collection officer is unable to secure compliance with the collection order by taking action under subsection (5), the collection officer may refer the debtor's case to the responsible court with a request that the court make a vehicle seizure order (see section 23).

(7) But the collection officer may not make a referral and request under subsection (6) unless the officer is satisfied that—

(a) the vehicle to which the request relates is registered in the debtor's name,

(b) the debtor has sufficient means to pay the outstanding amount, and

(c) an amount equivalent to the value of the vehicle (if sold) would be sufficient to discharge the outstanding amount and the amount of any charges likely to be imposed and costs likely to be incurred in connection with executing a vehicle seizure order in relation to the vehicle.

(8) Before taking action under this section, the collection officer must notify the debtor of the action the officer has decided to take; but, where the collection officer decides to make an interim bank account order, the officer need not notify the debtor of that decision until the order is made and any arrangements required for its implementation are in place.

(9) The collection officer, having referred the debtor's case to the responsible court under this section, may not exercise a power under subsections (2) to (6) in relation to the debtor (but may in reliance on subsection (1) refer the case to the responsible court again).

(10) A magistrates' court may, on a complaint made by a collection officer, issue a summons requiring the debtor to appear at the time and place specified in the summons for the hearing on a referral under this section of the debtor's case; and the summons must direct the debtor to appear—

(a) if the responsible court is the Crown Court, before that Court;

(b) if the responsible court is a magistrates' court, before a court of summary jurisdiction.

(11) A person commits an offence if, having been notified under subsection (8) that the collection officer has decided to make a referral and request under subsection (6), the person conceals or disposes of the vehicle in question or attempts to do so.

(12) In subsection (3), “earnings” has such meaning as may be specified in regulations.

Referral to the court: collection officer’s report etc.

7

(1) Where a collection officer refers a debtor's case to court under section 6, the officer must provide the court with a report which sets out—

(a) the action the officer has taken for the purpose of securing compliance with the collection order,

(b) the contact the officer has had with the debtor or, if the officer has been unable to make contact with the debtor, the steps the officer has taken to make contact,

(d) the steps the debtor has taken to pay the sum due.

(2) In the case of a referral under section 6(6), the report under subsection (1) must state that the collection officer—

(a) is satisfied as to the matters specified in section 6(7), and

(b) is satisfied that section 23(5) (exceptions for vehicles used by disabled persons, emergency services, etc.) does not prevent the making of a vehicle seizure order.

(3) The collection officer's report is admissible in proceedings before a court as evidence of the facts stated in it; and a court may, for example, take the report into account in deciding whether to issue a warrant under section 10.

Referral to the court in case where no collection order made

8

(1) This section applies where—

(a) the court referred to in section 1(1)(b) does not make a collection order, and

(b) the debtor defaults on payment of the sum due.

(2) The proper officer of the responsible court may at any time the officer considers appropriate refer the debtor's case to the responsible court.

(3) A magistrates' court may, on a complaint made by the proper officer, issue a summons requiring the debtor to appear at the time and place specified in the summons.

(4) A summons under subsection (3) must direct the debtor to appear—

(a) if the responsible court is the Crown Court, before that Court;

(b) if the responsible court is a magistrates' court, before a court of summary jurisdiction.

(5) In this section, “proper officer” means—

(a) if the responsible court is the Crown Court, the chief clerk;

(b) if the responsible court is a magistrates' court, the clerk of petty sessions.

Powers of court on referral of debtor’s case

9

(1) At the hearing of a debtor's case on a referral under section 6, the responsible court may—

(a) extend the period within which payment of the outstanding amount is required;

(b) permit payment of the outstanding amount by instalments of specified amounts on or before specified dates;

(c) in a case where the debtor is an individual, order the collection officer to make an application for deduction from benefits or make an attachment of earnings order (even if either of those has previously been done in that case and regardless of whether the debtor consents);

(d) make a bank account order (whether or not the collection officer has made an interim bank account order in relation to the debtor) (see section 22);

(e) make a vehicle seizure order in relation to a vehicle registered in the debtor's name (see section 23);

(f) issue a warrant of distress for levying the outstanding amount;

(g) if the debtor is an individual aged 18 or over, make a supervised activity order under Article 45 of the Criminal Justice (Northern Ireland) Order 2008;

(h) if the debtor is an individual aged 16 or 17, make an attendance centre order under Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

(i) issue a warrant committing the debtor to prison in default of the outstanding amount;

(j) remit the whole or part of the outstanding amount, having regard to any change in the debtor's circumstances since the conviction concerned.

(2) At the hearing of a debtor's case on a referral under section 8, the responsible court must consider whether to make a collection order; and—

(a) where the court does so, subsection (1) applies as if a referral had been made under section 6;

(b) where the court does not do so, it may act as mentioned in subsection (1)(a), (b) or (d) to (j).

(3) The court may not act as mentioned in subsection (1)(g) or (h) without having considered and dismissed each of the options under subsection (1)(a) to (f).

(4) The court may not act as mentioned in subsection (1)(i) or (j) without having considered and dismissed the option under subsection (1)(g) or (h) (and, accordingly, each of the options under subsection (1)(a) to (f)).

(5) Where the court decides to act as mentioned in subsection (1)(g) or (i), or decides what action to take in the case of a debtor who is aged under 18, the court must give reasons for its decision.

(6) In a case where an interim bank account order is in force—

(a) the collection officer must attend the hearing in order to give such oral evidence as the court may require, and

(b) the deposit-taker (as well as the debtor) may make representations as to why a bank account order should not be made.

(7) Where the court considers that it would be appropriate to make a bank account order, but the amount specified in the order would be less than the outstanding amount, the court may, in addition to making a bank account order, take such other action under subsection (1) as it considers appropriate.

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