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PENALTIES AND SENTENCES ACT 1992 - SECT 61
Making of order by proper officer of the court
61 Making of order by proper officer of the court
(1) The proper officer of the court may make a fine option order, but the
offender must not be released under section 65 if— (a) the original order
requires the payment of a part of the fine to the complainant, and directs
that in default of payment the offender is to be imprisoned for a period,
unless— (i) that part of the fine has been paid; or
(ii) the offender has
served a period of imprisonment that bears to the default period of
imprisonment, as nearly as possible, the same proportion as that part of the
fine bears to the total fine; or
(b) the original order requires, in addition
to the imposition of a fine, the payment of another penalty, and directs that
in default of payment the offender is to be imprisoned for a period, unless—
(i) the amount of the penalty has been paid; or
(ii) the offender has served
a period of imprisonment that bears to the default period of imprisonment, as
nearly as possible, the same proportion as the amount of the penalty bears to
the total amount required to be paid by the order.
(2) Subject to section 58
, the proper officer of the court may make a fine option order only if the
offender has not previously made an application under this division in
relation to the original order.
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