Imprisonment for default, release from
92 Imprisonment for default, release from
In this section —
imprisonment order means an order made under section 90(2) for the imprisonment of a person for a contempt of court;
superintendent has the meaning given by the Prisons Act 1981 section 3(1).
Whether or not the period of imprisonment stated in an imprisonment order has expired, the person imprisoned under the order must be released if —
the whole of the judgment debt is paid or recovered; or
the judgment creditor accepts part payment of the judgment debt in full satisfaction of the judgment debt; or
the judgment creditor gives the sheriff a written request that the person be released.
The sheriff must immediately advise the superintendent of the prison in which a person is imprisoned on becoming aware that the debtor should be released under subsection (2).
If the whole or a part of the judgment debt is paid to a superintendent he or she must immediately transmit it to the sheriff.
The court that made an imprisonment order may order the release of the person concerned if it considers that the person ought to be released because of illness or other good reason.
This section does not authorise the release of a person who by law is required to be kept in custody in respect of another matter.
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