HC Deb 15 April 1948 vol 449 cc1232-4
Mr. Younger

I beg to move, in page 16, line 3, to leave out "the court may by order," and to insert: an order may be made in accordance with the provisions of this Section. With permission, I should like to explain this Amendment and the following group of Amendments on the Order Paper. In point of fact, all the first six of these Amendments are drafting Amendments and the substantial part of this proposal lies in the new Subsection (2). In Committee, the hon. Member for Hanley (Dr. Barnett Stross) moved an Amendment with a view to ensuring that there should always be an inquiry as to means before a person was sent to prison in default of payment of a fine. That Amendment was resisted, and it was explained that it would be very difficult to have an inquiry of that sort, but it was suggested that there might be an alternative way out of the difficulty by giving power to certain persons to allow time to pay, or payment by instalments, after the fine had actually been imposed. In fact, that suggestion was welcomed by the Committee.

The new Subsection which it is proposed to add makes provision whereby a person who has been fined, or whose recognisance has been forfeited at assizes, can apply in writing to a clerk of assize, or a clerk of the peace, to be allowed time to pay, if no order prescribing time for payment was made, or to be granted an extension of time if such order was made, or to be allowed to pay by instalments or have the period of instalments extended. Power is given by the proposed Subsection to the chairman or deputy chairman, or recorder or deputy recorder, or the judge of the high court in the case of assizes, to make an order on such an application. I hope the House will feel that this provides the sort of safeguard which was asked for in Committee and, in effect, does much the same as though we had not been unable, on practical grounds, to provide for an inquiry as to ability to pay.

Amendment agreed to.

Further Amendments made: In page 16, line 4, leave out "allow," and insert "allowing."

In line 6, leave out "direct," and insert "directing."

In line 9, leave out "fix," and insert "fixing."

In line 12, leave out "discharge," and insert "discharging."

In line 13, leave out "reduce," and insert "reducing."

In line 16, at end, insert: (2) Any order under this section may be made by the court by which the fine is imposed or before which the recognisance is forfeited; and (subject as hereinafter provided) an order under this section providing for any such matters as are mentioned in paragraph (a) or paragraph (b) of the foregoing subsection. may be made—

  1. (a) where the fine was imposed or the recognisance forfeited by or before the Central Criminal Court, by a judge of that court upon application made in writing to the clerk of the court;
  2. (b) where the fine was imposed or the recognisance forfeited by or before any other court of assize, by a judge of the High Court upon application made in writing to the clerk of assize;
  3. (c) where the fine was imposed or the recognisance forfeited by or before a court of quarter sessions, by the chairman or any deputy chairman of that court, or by the recorder or any deputy recorder, as the case may be, upon application made in writing to the clerk of the peace;
and may amend any previous order made under this section so far as it provides for those matters. Provided that no application shall be made under paragraphs (a) to (c) of this subsection after the refusal of a previous application made thereunder."—[Mr. Younger.]

6.45 p.m.