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(1)Notwithstanding anything in section 179, a court, on imposing a fine under any law—
(a)shall, subject to subsection (2), allow the offender at least thirty days within which to pay the fine or the first installment of the fine; and
(b)may, in its discretion, defer passing sentence of imprisonment in default of payment of a fine until the default shall occur.
(2)When a court imposes a fine on any person and sentences him or her to imprisonment in default of payment of the fine, the court may, if the person fails to pay the fine immediately, and—
(a)he or she appears to the court to have sufficient means to pay the fine immediately;
(b)when being asked by the court whether he or she wishes to have time to pay, he or she does not ask for time;
(c)he or she fails to satisfy the court that he or she has a fixed abode; or
(d)there is some special circumstances (relating to the gravity of the offence or the character of the offender) appearing to the court to justify immediate committal,
commit him or her to prison; and the court shall state in the warrant of commitment the reasons for not allowing the offender time to pay.
(3)Where a court—
(a)imposes a fine on any person and at the same time or by subsequent order sentences him or her to imprisonment in default of payment of the fine; or
(b)sentences to imprisonment for want of, or in lieu of, distress any person against whom an order for the payment of money has been made,
the court may—
(i)order that the person pay the fine in one sum or by installments at such time, not being less than thirty days from the date of imposition of the fine, or in such manner as the court thinks fit, and shall, subject to subsection (4), immediately release him or her;
(ii)if the person is employed, whether in the public service or otherwise, by an attachment order to be served upon the person’s employer direct that the amount due shall be deducted from the person’s salary or wages and paid to the court either in one payment or by such monthly installments as the court may direct and the court shall, subject to subsection (4), immediately release him or her; but no attachment order shall include a direction to make a payment or monthly installment exceeding one half of the person’s monthly rate of salary or wages.
(4)Before releasing any person under subsection (3)(b)(i) or (ii), the court may, if it thinks fit, require him or her to enter into a bond, with or without sureties, conditioned for his or her appearance on such date or dates as the court may determine, and, in default of his or her so entering into such bond, the court shall immediately commit him or her to prison.
(5)If a person who has been allowed time for payment under the provisions of subsection (3)(b)(i) fails to pay the amount due, or any installment of the amount due, in accordance with the order made by the court, the court may, subject to subsection (7), commit him or her to prison.
(6)Where the court has ordered payment by installments and default is made in the payment of any such installment, the whole of the amount then remaining unpaid shall become immediately due and payable.
(7)The court shall not commit to prison in default of payment any person to whom time has been allowed for payment under this section until it has made inquiry as to his or her means in his or her presence.
(8)Upon making inquiry in accordance with subsection (7), the court may, in its discretion, instead of immediately issuing a warrant of commitment to prison, make an order extending the time allowed for payment or varying the amount of the installments or the times at which the installments were, by the previous order of the court, directed to be paid, as the case may be.
(9)For the purpose of enabling inquiry to be made under subsection (7), the court may issue a summons to the person ordered to pay the money to appear before it, and, if he or she does not appear in obedience to the summons, may issue a warrant for his or her arrest or, without issuing a summons, issue in the first instance a warrant for his or her arrest.
A person fined by a court must usually be given at least 30 days to pay the fine or the first instalment. The court may put off imposing a prison sent...
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