Execution of warrant to imprison and enforcement warrant
38 Execution of warrant to imprison and enforcement warrant
S. 38(1) amended by No. 47/2014 s. 325(2).
This section applies if the sheriff has to execute against the same person a warrant to imprison and an enforcement warrant.
The sheriff, in accordance with the relevant court and enforcement legislation—
must execute the warrant to imprison; and
S. 38(2)(b) substituted by No. 87/2009 s. 18, amended by No. 47/2014 s. 325(2).
must not execute the enforcement warrant unless—
the person has been arrested under the warrant to imprison; or
the person is in a police gaol in the legal custody of the Chief Commissioner of Police or in a prison in the legal custody of the Secretary.
Note to s. 38 amended by No. 47/2014 s. 325(3).
Note
Part 14 of the Fines Reform Act 2014 applies to the person against whom the sheriff executes an infringement warrant referred to in this section.
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