(1) Subsection (2) applies in any case where, in respect of a person aged 16  or over, a magistrates' court—
(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c 29)), or
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
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