sec.61Making of order by proper officer of the court

### sec.61 Making of order by proper officer of the court The proper officer of the court may make a fine option order, but the offender must not be released under section 65 if— the original order requires the payment of a part of the fine to the complainant, and directs that in default of payment the offender is to be imprisoned for a period, unless— that part of the fine has been paid; or the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as that part of the fine bears to the total fine; or the original order requires, in addition to the imposition of a fine, the payment of another penalty, and directs that in default of payment the offender is to be imprisoned for a period, unless— the amount of the penalty has been paid; or the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as the amount of the penalty bears to the total amount required to be paid by the order. Subject to section 58 , the proper officer of the court may make a fine option order only if the offender has not previously made an application under this division in relation to the original order. s 61 amd 1993 No. 36 s 2 sch 1 (sec.61-ssec.1) The proper officer of the court may make a fine option order, but the offender must not be released under section 65 if— the original order requires the payment of a part of the fine to the complainant, and directs that in default of payment the offender is to be imprisoned for a period, unless— that part of the fine has been paid; or the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as that part of the fine bears to the total fine; or the original order requires, in addition to the imposition of a fine, the payment of another penalty, and directs that in default of payment the offender is to be imprisoned for a period, unless— the amount of the penalty has been paid; or the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as the amount of the penalty bears to the total amount required to be paid by the order. (sec.61-ssec.2) Subject to section 58 , the proper officer of the court may make a fine option order only if the offender has not previously made an application under this division in relation to the original order. - (a) the original order requires the payment of a part of the fine to the complainant, and directs that in default of payment the offender is to be imprisoned for a period, unless— (i) that part of the fine has been paid; or (ii) the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as that part of the fine bears to the total fine; or - (i) that part of the fine has been paid; or - (ii) the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as that part of the fine bears to the total fine; or - (b) the original order requires, in addition to the imposition of a fine, the payment of another penalty, and directs that in default of payment the offender is to be imprisoned for a period, unless— (i) the amount of the penalty has been paid; or (ii) the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as the amount of the penalty bears to the total amount required to be paid by the order. - (i) the amount of the penalty has been paid; or - (ii) the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as the amount of the penalty bears to the total amount required to be paid by the order. - (i) that part of the fine has been paid; or - (ii) the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as that part of the fine bears to the total fine; or - (i) the amount of the penalty has been paid; or - (ii) the offender has served a period of imprisonment that bears to the default period of imprisonment, as nearly as possible, the same proportion as the amount of the penalty bears to the total amount required to be paid by the order.