Section 82 | Restriction On Power To Impose Imprisonment For Default | Magistrates Courts Act 1980 C43

82 Restriction on power to impose imprisonment for default

Magistrates' Courts Act 1980 (1980 c 43) | Legislation

82 Restriction on power to impose imprisonment for default

(1) A magistrates' court shall not on the occasion of convicting an offender of an offence issue a warrant of commitment for a default in paying any sum adjudged to be paid by the conviction unless—

(a) in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;

(b) it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or

(c) on the occasion of that conviction the court sentences him to immediate imprisonment or [detention in a young offender institution] for that or another offence or he is already serving [a sentence of custody for life, or a term of imprisonment, . . . , detention under section 9 of the Criminal Justice Act 1982 [section 108 of the Powers of Criminal Courts (Sentencing) Act 2000]] or detention in a [young offender institution].

[(1A) A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—

(a) a charge