Execution of warrant to imprison and warrant to arrest
39 Execution of warrant to imprison and warrant to arrest
This section applies if the sheriff has to execute against the same person a warrant to imprison and a warrant to arrest.
The sheriff, in accordance with the relevant court and enforcement legislation—
must execute the warrant to imprison; and
S. 39(2)(b) substituted by No. 87/2009 s. 19.
must not execute the warrant to arrest—
unless a seven day demand relating to the warrant to arrest is served on the person before the warrant to imprison has been received by the sheriff and—
the period under that seven day demand has expired and no liability discharge event has occurred before the warrant to imprison is executed; or
the operation of the period under that seven day demand has been waived by the person; or
unless the person is released from the legal custody of the Chief Commissioner of Police or the Secretary (as the case requires) and—
the period under a seven day demand relating to the warrant to arrest and served on the person has expired and no liability discharge event has occurred; or
the operation of the period under that seven day demand has been waived by the person.
In this section—
S. 39(3) def. of liability discharge event amended by No. 65/2011 s. 107(Sch. items 13.2, 13.3).
liability discharge event means—
the person has paid the fine or instalment under an instalment order to which the warrant to arrest relates, or any part of the fine or instalment, together with all warrant costs; or
the person has obtained an instalment order or time to pay order; or
the person has consented to the making of a community-based order; or
a fine conversion order or fine default unpaid community work order has been made in respect of the person.
S. 40 (Heading) amended by No. 47/2014 s. 326(1).
This Act’s bill:Explanatory memorandumSecond reading speech
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