71Reduction of imprisonment by payment of portion of fine

71 Reduction of imprisonment by payment of portion of fine (1) If before the issue of a warrant to imprison for non-payment of a fine, it appears to the person issuing the warrant that part of the fine has been paid— (a) the reduction in the amount of the fine payable must be stated in the warrant to imprison; and (b) the term for which the person fined may be imprisoned must be reduced by the number of days bearing as nearly as possible the same proportion to the total number of days in the term as the amount paid bears to the whole amount of the fine. (2) Subsection (1) applies despite any provision (except section 26) of the **Imprisonment of Fraudulent Debtors Act 1958** to the contrary. (3) If after the issue but before the execution of a warrant to imprison for non-payment of a fine, it appears to the Court that part of the fine has been paid, the Court must— (a) amend the warrant; and (b) recall the execution copy of the warrant and amend it— in accordance with subsection (1). (4) Despite any provision (except section 26) of the **Imprisonment of Fraudulent Debtors Act** **1958** to the contrary or anything in any warrant to imprison, if a person is imprisoned for non‑payment of a fine— (a) the whole or any part of the fine may be paid by or on behalf of that person to the officer in charge of the prison or police gaol in which that person is detained; and (b) the officer in charge must receive the payment and forward it without delay to the principal registrar. (5) If— (a) the whole amount of the fine; or (b) the amount remaining to be paid— is paid to the officer in charge of the prison or police gaol by or on behalf of the person imprisoned, the person imprisoned must be discharged if he or she is in custody for no other matter. (6) If part of the fine is paid to the officer in charge of the prison or police gaol by or on behalf of the person imprisoned— (a) the term of imprisonment for non-payment of the fine must be reduced having regard to the formula set out in subsection (1)(b); and (b) the officer in charge must— (i) amend the execution copy of the warrant; and (ii) receive the payment and forward it without delay to the principal registrar; and (c) at the end of the reduced term, the person imprisoned must be discharged if he or she is in custody for no other matter. S. 72 (Heading) inserted by No. 48/2006 s. 42(Sch. item 22.5). S. 72 amended by Nos 49/1991 s. 119(7) (Sch. 4 item 13.2), 69/1992 s. 35(a)(b), 48/2006 s. 42(Sch. item 22.6).