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Penalties and Sentences Act 1992
sec.55Application for order generally
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### sec.55 Application for order generally
If a court makes an original order for an offender, the offender may apply to the court for a fine option order.
If—
the original order directs that the offender is to pay the fine—
immediately—the application may be made on the day on which the order is made; or
within a fixed time—the application may be made at any time before the end of the fixed time; or
the offender is given a notice under section 54 —the application may be made at any time before the end of the time fixed in the original order.
The application must—
be in the approved form; and
state the particulars that are relevant having regard to the matters of which the court is required to be satisfied under section 58 (1) ; and
be signed by the applicant; and
be lodged—
if the court is the Supreme Court or a District Court—in the registry of that court; or
if the court is a Magistrates Court—with the clerk of the court.
On the lodging of the application, the original order is suspended so far as it requires the payment of a fine.
Section 8 does not apply to this section.
s 55 amd 1993 No. 36 s 2 sch 1
(sec.55-ssec.1) If a court makes an original order for an offender, the offender may apply to the court for a fine option order.
(sec.55-ssec.2) If— the original order directs that the offender is to pay the fine— immediately—the application may be made on the day on which the order is made; or within a fixed time—the application may be made at any time before the end of the fixed time; or the offender is given a notice under section 54 —the application may be made at any time before the end of the time fixed in the original order.
(sec.55-ssec.3) The application must— be in the approved form; and state the particulars that are relevant having regard to the matters of which the court is required to be satisfied under section 58 (1) ; and be signed by the applicant; and be lodged— if the court is the Supreme Court or a District Court—in the registry of that court; or if the court is a Magistrates Court—with the clerk of the court.
(sec.55-ssec.4) On the lodging of the application, the original order is suspended so far as it requires the payment of a fine.
(sec.55-ssec.5) Section 8 does not apply to this section.
- (a) the original order directs that the offender is to pay the fine— (i) immediately—the application may be made on the day on which the order is made; or (ii) within a fixed time—the application may be made at any time before the end of the fixed time; or
- (i) immediately—the application may be made on the day on which the order is made; or
- (ii) within a fixed time—the application may be made at any time before the end of the fixed time; or
- (b) the offender is given a notice under section 54 —the application may be made at any time before the end of the time fixed in the original order.
- (i) immediately—the application may be made on the day on which the order is made; or
- (ii) within a fixed time—the application may be made at any time before the end of the fixed time; or
- (a) be in the approved form; and
- (b) state the particulars that are relevant having regard to the matters of which the court is required to be satisfied under section 58 (1) ; and
- (c) be signed by the applicant; and
- (d) be lodged— (i) if the court is the Supreme Court or a District Court—in the registry of that court; or (ii) if the court is a Magistrates Court—with the clerk of the court.
- (i) if the court is the Supreme Court or a District Court—in the registry of that court; or
- (ii) if the court is a Magistrates Court—with the clerk of the court.
- (i) if the court is the Supreme Court or a District Court—in the registry of that court; or
- (ii) if the court is a Magistrates Court—with the clerk of the court.