Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
110 Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
A person to whom an enforcement warrant is directed must cause a fine defaulter who is a natural person, other than a fine defaulter referred to in section 111, when arrested in accordance with an enforcement warrant and subject to any endorsement under section 106(4)—
in respect of any registered infringement fine—
to be dealt with in accordance with Part 13, if appropriate; or
if the fine defaulter refuses to enter into an undertaking of bail or cannot be dealt with under Part 13, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14; or
S. 110(1)(ab) inserted by No. 59/2017 s. 33(1).
in respect of any registered collection and enforcement order made in respect of an outstanding registered infringement fine if the fine defaulter refuses to enter into an undertaking of bail, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14; or
in respect of any registered court fine—
S. 110(1)(b)(i) amended by No. 59/2017 s. 59(1)(a).
to be brought before the sentencing court that imposed the registered court fine on the person immediately after being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or
S. 110(1)(b)(ii) amended by No. 59/2017 ss 33(2), 59(1)(b).
if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977; or
S. 110(1)(c) inserted by No. 59/2017 s. 33(3).
in respect of any outstanding registered court fine under a registered collection and enforcement order—
S. 110(1)(c)(i) amended by No. 59/2017 s. 59(1)(c).
to be brought before the sentencing court that imposed the relevant registered court fine on the person immediately after being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or
S. 110(1)(c)(ii) amended by No. 59/2017 s. 59(1)(d).
if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
S. 110(2) amended by No. 59/2017 s. 33(4).
If a fine defaulter in respect of a registered infringement fine or a registered collection and enforcement order, when arrested, is not dealt with under subsection (1)(a)(i) or (ii), (ab) or (c), the person to whom the enforcement warrant is directed must cause the fine defaulter—
S. 110(2)(a) amended by Nos 59/2017 s. 59(2)(a), 17/2022 s. 16.
to be brought before the Magistrates' Court, County Court or Supreme Court (as appropriate) immediately after being arrested to be dealt with according to law; or
S. 110(2)(b) amended by Nos 59/2017 s. 59(2)(b), 17/2022 s. 16.
if it is not practicable to bring the fine defaulter before the Magistrates' Court, County Court or Supreme Court (as appropriate) immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
This Act’s bill:Explanatory memorandumSecond reading speech
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