Execution of warrant to imprison, warrant to arrest and enforcement warrant
40 Execution of warrant to imprison, warrant to arrest and enforcement warrant
This section applies if the sheriff has the following warrants to execute against the same person—
a warrant to imprison;
a warrant to arrest;
S. 40(1)(c) amended by No. 47/2014 s. 326(2).
an enforcement warrant.
The sheriff, in accordance with the relevant court and enforcement legislation—
must execute the warrant to imprison; and
S. 40(2)(b) substituted by No. 87/2009 s. 20(1), amended by No. 47/2014 s. 326(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; and
S. 40(2)(c) substituted by No. 87/2009 s. 20(2).
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. 40(3) def. of liability discharge event amended by No. 65/2011 s. 107(Sch. items 13.4, 13.5).
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.
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