C6C7C8C10Part III Satisfaction and Enforcement

Annotations:
Modifications etc. (not altering text)
C6

Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))

Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)

Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.

General provisions

77 Postponement of issue of warrant.

C1C2C3C4C5C9C111

Where a magistrates’ court has power to issue a F6warrant of control under this Part of this Act, it may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

2

Where a magistrates’ court has power to issue a warrant of commitment under this Part of this Act, it may, if it thinks it expedient to do so, fix a term of imprisonment F4or detention under F5section 108 of the powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged F518 to 20 for default)and postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

F13

A magistrates’ court shall have power at any time to do either or both of the following—

a

to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;

b

to vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.

4

In this section “the relevant time” means—

a

where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and

b

in any other case, the date of the exercise or latest exercise of either or both of the powers.

5

Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting F2in the local justice area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.

F36

Where such an application is referred to the court—

a

the clerk of the court shall fix a time and place for the application to be heard; and

b

the designated officer for the court shall give the applicant notice of that time and place.

7

Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.

8

If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.