MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 101



101.(1) Where a person has been adjudged to pay a sum by a conviction of a
magistrates' court, the court may, subject to section 103, order that person
to pay that sum forthwith [, allow time for payment or order payment by
instalments.]

(2) The court shall consider any representations made by such person as to the
time to be allowed under subsection (1) but that time shall not be less than
[twenty-eight] days commencing with the day ... on which the sum is adjudged
to be paid.

[(3) Where the person ordered to pay the sum makes an application for
permission to pay the sum by instalments the court shall allow such payment
unless the court is satisfied that it would not be reasonable in all the
circumstances to do so.

(4) The court may, on the application of the person ordered to pay the sum,
allow further time for payment or vary an order for payment by instalments.

(4A) Subject to subsection (4C), the court may, in determining an application
under subsection (4) remit the whole or any part of the sum if the court
thinks it just to do so having regard to any change in the circumstances of
that person since the conviction, and where the court remits part of the sum
after a period of imprisonment has been imposed in default of payment, the
court shall also reduce that period by an amount which bears the same
proportion to that period as the amount remitted bears to that sum.

(4B) In calculating the reduction required under subsection (4A) any fraction
of a day shall be left out of account.

(4C) In considering whether to remit under subsection (4A) the whole or any
part of

(a)a sum to which section 143(3) of the Social Security (Northern Ireland) Act
1975 applies; or

(b)any compensation awarded to any person;

(i)in the case of a sum mentioned in paragraph (a), by the Department of
Health and Social Services;

(ii)in the case of any compensation, by the person to whom the compensation
was awarded.]

(5) Where before the expiration of the time allowed or of the period during
which payment by instalments is allowed the person ordered to pay the sum
indicates that he prefers immediate committal to awaiting the expiration of
the time allowed for payment of the sum or of the remaining instalments, a
warrant may be issued committing him to prison forthwith.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 101