(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 227 of the Sentencing Code] (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
<(2) The magistrates' court may, instead of issuing a warrant of commitment <
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