91 Defendant on substituted sentence to be discharged on payment of fine

(1)

On the payment of 1 or more fines for which a defendant is imprisoned on a warrant of commitment for non-payment of the fine, the Registrar must immediately notify the prison manager of the payment, and the manager must discharge the defendant from the prison unless the defendant is also in custody for some other reason.

(2)

On the payment of 1 or more fines for which a defendant is subject to a sentence of community work, community detention, or home detention for non-payment of the fine, the Registrar must immediately notify the probation officer supervising the sentence of the payment, and the probation officer must direct that the defendant be no longer subject to that sentence unless the defendant is also subject to a sentence of community work, community detention, or home detention (as the case may be) for some other reason.

(3)

If a defendant who is subject to a period of imprisonment or any sentence referred to in subsection (2) makes part payment of not less than 10% of the total amount for which the period of imprisonment or sentence was imposed, the Registrar must immediately—

(a)

calculate the amount of the part payment as a proportion of the total amount for which the period of imprisonment or sentence was imposed; and

(b)

reduce the period of imprisonment or the sentence by the number of hours or days (whichever applies) that, as nearly as possible, bears the same proportion as the proportion referred to in paragraph (a); and

(c)

notify the prison manager or the probation officer supervising the sentence of the payment and the reduction in the defendant’s period of imprisonment or sentence.

(4)

On completion of a term of imprisonment or any sentence referred to in subsection (2), the fine in respect of which the term of imprisonment or the sentence was imposed is remitted.

Section 91: replaced, on 13 February 2012, by section 29 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 91(1): amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 91(2): amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).