Part 6: Cautions Section 113: Enforcement of financial penalties: court proceedings
Subsection (1) provides a framework for court proceedings arising from the enforcement of financial penalties. Subsections (1)(a) to (c) applies to those persons against whom proceedings are being taken but who claim (a) not to be the person to whom the community caution was given, (b) to have paid the amount required, or (c) to have a reasonable excuse for not paying. Subsection (2) allows the court to adjourn proceedings on one or more occasions, but for no longer than 28 days in total, to allow a claim to be investigated. Subsection (3) states that the court must accept a claim under subsection (1)(a) or (b) unless, on the balance of probabilities, the claim is unfounded. Subsection (4) provides that, where a claim under subsection (1)(b) is accepted by the court, the condition of the caution requiring payment ceases to have effect. Subsection (5) refers to a claim under subsection (1)(c), which provides that whilst the court must accept the facts claimed as an excuse unless it is shown on a balance of probabilities that the claim relating to those facts is unfounded, the court has a discretion to decide the question as to reasonableness of any such excuse. Subsection (6) provides that, where a court accepts a claim under subsection (1)(c), the court can decide whether the condition of the caution that requires payment of the amount should cease to have effect, be varied so as to reduce the amount or extend the time for payment, or both.