Commentary on Sections Part 1: Provisions for Combatting Crime and Disorder. Chapter 1: On the spot penalties for disorderly behaviour (Sections 1 to 11) Section 10: Enforcement
21.This section sets out the powers of a magistrates’ court to set aside a registered fine arising from an unpaid penalty and to adjourn default proceedings for up to 28 days for investigation if the identity of the offender is in question. It provides for a court to set aside a fine in the interests of justice, for example, if the person against whom the fine is registered appears not to be the person to whom the penalty notice was given. The magistrates’ court must, if it sets aside a fine under this section, give direction as to how the case is to be dealt with. It provides for a situation in which a person receiving a fine registration notice wishes to challenge it on the ground that they had requested a trial, but that the request had not been acted upon.