Obligation to allow time for payment of penalties

(1) A warrant committing a person to prison in respect of non- payment of a sum adjudged to be paid by an order of the court shall not be issued forthwith unless the court which passed the sentence or made the order is satisfied that he is possessed of sufficient means to enable him to pay the sum forthwith or, unless upon being asked by the court whether he desires that time should be allowed for payment, he does not express any such desire, or fails to satisfy the court that he has a fixed abode within its jurisdiction, or unless the court for any other special reason expressly directs that no time shall be allowed. (2) In subsection (1) of this section the expression “special reason” may include the gravity of the offence, the character of the defendant or any special circumstances. (3) Where any such person desires to be allowed time for payment, the court, in deciding what time ought to be allowed, shall consider any representation made by him, but the time allowed shall not be less than seven days. (4) If before the expiration of the time allowed the person convicted surrenders himself to a court having jurisdiction to issue a warrant of commitment in respect of the non-payment of a sum adjudged to be paid, aforesaid, and states that he prefers immediate committal to awaiting the expiration of the time allowed, that court may if it thinks fit forthwith issue a warrant committing him to prison. (5) Where a person who has been allowed time for payment appears to the court to be not less than sixteen or more than eighteen years of age, the court may, if it thinks fit and subject to any provisions of this Act, order that he be placed under the supervision of such person as may be appointed by the court until the sum adjudged to be paid is paid. (6) Where an order placing a person under supervision with respect to a sum of money is in force, the court shall not issue a warrant committing the offender to prison in respect of non- payment of the sum, unless the court has considered any report as to the conduct and means of the offender, which may be made by the person under whose supervision the offender has been placed. (7) In all cases where time is not allowed for payment the reasons of the court for the immediate committal shall be stated in the warrant of commitment. (8) Nothing in this section shall apply to any order made by a court for the maintenance of a wife or child or of any member of a family whom the defendant is liable to support under any law or for the maintenance of any child of his.