sec.185Scale of imprisonment for non-payment of penalty

### sec.185 Scale of imprisonment for non-payment of penalty If— an offender is ordered to pay a penalty; and the court may order imprisonment of the offender or execution against the property of the offender if the penalty is not paid; and either of the following subparagraphs applies— the penalty is not paid; execution to recover the amount of the penalty is to be against property of the offender and execution does not satisfy the amount; the court may order the offender to be imprisoned for a term calculated under subsection (2) (a) . The term of imprisonment— must be— such as, in the court’s opinion, will satisfy the justice of the case; but not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court otherwise orders. This section has effect— subject to the provisions of the Act under which the penalty is ordered to be paid; and despite section 152 whether or not a conviction is recorded. s 185 amd 1993 No. 36 s 2 sch 1 ; 1994 No. 6 s 6 (sec.185-ssec.1) If— an offender is ordered to pay a penalty; and the court may order imprisonment of the offender or execution against the property of the offender if the penalty is not paid; and either of the following subparagraphs applies— the penalty is not paid; execution to recover the amount of the penalty is to be against property of the offender and execution does not satisfy the amount; the court may order the offender to be imprisoned for a term calculated under subsection (2) (a) . (sec.185-ssec.2) The term of imprisonment— must be— such as, in the court’s opinion, will satisfy the justice of the case; but not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court otherwise orders. (sec.185-ssec.3) This section has effect— subject to the provisions of the Act under which the penalty is ordered to be paid; and despite section 152 whether or not a conviction is recorded. - (a) an offender is ordered to pay a penalty; and - (b) the court may order imprisonment of the offender or execution against the property of the offender if the penalty is not paid; and - (c) either of the following subparagraphs applies— (i) the penalty is not paid; (ii) execution to recover the amount of the penalty is to be against property of the offender and execution does not satisfy the amount; - (i) the penalty is not paid; - (ii) execution to recover the amount of the penalty is to be against property of the offender and execution does not satisfy the amount; - (i) the penalty is not paid; - (ii) execution to recover the amount of the penalty is to be against property of the offender and execution does not satisfy the amount; - (a) must be— (i) such as, in the court’s opinion, will satisfy the justice of the case; but (ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and - (i) such as, in the court’s opinion, will satisfy the justice of the case; but - (ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and - (b) must be served cumulatively with any term of imprisonment the offender is serving, or has been sentenced to serve, unless the court otherwise orders. - (i) such as, in the court’s opinion, will satisfy the justice of the case; but - (ii) not more than 14 days imprisonment for each penalty unit, or part of a penalty unit, that the offender was ordered to pay; and - (a) subject to the provisions of the Act under which the penalty is ordered to be paid; and - (b) despite section 152 whether or not a conviction is recorded.