39Execution of conviction or order

39 Execution of conviction or order

(1)  As soon as practicable after the making of a conviction or order that –

(a) is made in relation to a simple offence; and

(b) is made in the absence of the defendant; and

(c) does not involve imprisonment –

the clerk is to deliver personally or by post to the defendant a written notice informing him or her of the making and details of the conviction or order, including details of any disqualification or disability imposed.

(2)  If a conviction or order referred to in subrule (1) requires the defendant to pay an amount, the notice under that subrule is to include –

(a) details of that amount; and

(b) the date on or before which payment is required to be made; and

(c) the time and place at which payment may be made; and

(d) particulars of the instalments to be paid if the justices have ordered payment to be made in instalments.

(3)  A person required under a conviction or order to pay an amount of money is to pay that amount, or any instalment of that amount, as the clerk directs, unless the justices otherwise direct.

(4)  If a person who is required under a conviction or order to pay an amount of money pays that amount to a person other than the clerk, the person receiving that amount is to –

(a) account to the clerk for that amount; and

(b) if required by the clerk, pay that amount to the clerk.

(5)  Subrule (4) does not apply if the court has directed payment of the amount of money to the person who receives the money.

(6)  A warrant of execution is to order the person to whom it is directed to pay the amount of money and costs to be levied as the clerk directs.

(7)  If a person who is required under a warrant of execution to pay an amount of money pays that amount to a person other than the clerk, the person receiving that amount is to pay it to the clerk as soon as practicable.