Vary or cancel an instalment order

If the Court makes an imprisonment in lieu order under s 165A(2)(b) of the FRA, the court will generally order that your client make payments payable by instalments.

If the Magistrate makes an imprisonment in default of instalment order, your client may be able to make an application to vary the instalment order in certain circumstances under s 166(2) of the FRA, if they can satisfy the court that:

  • The circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with the order; or
  • The circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a pre-sentence report before the order was made.

You should ensure that your application clearly addresses the reasons that your client is applying for a variation and includes supporting documentation such as letters from a GP, psychologist, other treating professional or support worker. You should also include as supporting evidence regarding your client’s financial situation, including evidence of income and expenditure, a detailed budget and any other relevant documentation.

Once these documents are completed, you can go to the Magistrates’ Court, file them using the original case number on which the imprisonment in lieu order and instalment order was made, and you and your client should expect to be able to appear before the Magistrate that day. It is preferred that the application is heard before the same Magistrate who made the original order if they are available.

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