(1) A person who is in custody and against whom any infringement warrant is issued may request in writing that the sheriff apply to the Court for an order for the person to serve a term of imprisonment in default of payment of the outstanding fine under the infringement warrant.
(2) The sheriff may apply to the Court for—
(a) a time served order in respect of the person if a non-fine related sentence has been imposed on the person and the person is serving that sentence at the time the sheriff applies to the Court under this subsection; or
(b) an order under section 161C in respect of the person if the person is in custody because of a fine related sentence or a non-fine related sentence at the time the sheriff applies to the Court under this subsection; or
(c) an order referred to in both paragraphs (a) and (b).
(3) An application must not be made in respect of an outstanding fine under an infringement warrant if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the fine relates was taken into custody.
S. 161B inserted by No. 29/2016 s. 89.