Summons for oral examination and production of information
63 Summons for oral examination and production of information
S. 63(1) amended by No. 29/2016 s. 26.
On the application of the Director under section 62, the Magistrates' Court may issue a summons for a person who is a fine defaulter to attend before the Magistrates' Court for oral examination and to produce information specified in the summons to the Court.
A summons under subsection (1) must—
be in writing; and
state the time, date and place of the oral examination and the production of information; and
contain a statement that a warrant for arrest may be issued against the person under the Magistrates' Court Act 1989 for failure to comply; and
require the person to provide to the Magistrates' Court, on or before the day of the oral examination—
a written statement containing prescribed details setting out the financial circumstances of the person; and
any documents in support of the financial details specified in the written statement; and
contain any other prescribed details.
Note
A failure by a fine defaulter to produce information following a production of information direction or summons for oral examination under this Part may result in the Director refusing to make a payment arrangement with the fine defaulter.
64 What happens if person does not attend oral examination?
If a person fails to attend before the Magistrates' Court as required by a summons under section 63 or otherwise fails to comply with the summons, the Magistrates' Court may issue a warrant to arrest the person in accordance with the Magistrates' Court Act 1989.
A warrant under subsection (1) must—
be directed to the sheriff or a police officer; and
specify a time and place for the oral examination.
If the sheriff or a police officer (as the case requires) arrests a person pursuant to a warrant referred to in this section, the sheriff or police officer may release the person on bail if the person undertakes to attend for oral examination and to produce information at the time and place specified in the warrant.
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