Modifications etc. (not altering text)
C1Pt. IX (arts. 91-117) applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 88(6)(7), 153(4)(d); S.I. 2009/2606, art. 2(i)
113.—(1) A person imprisoned under a warrant of commitment issued under Article 112 who is not detained otherwise than under that Article may make an application in the prescribed manner requesting that the warrant be cancelled and stating the grounds of the application.
(2) An application under paragraph (1) shall be made to a resident magistrate who shall, after considering the statements contained in the application,—
(a)if he is of opinion that the application should be further considered, refer it to the court; or
(b)if he is not of that opinion, refuse the application.
(3) When an application is referred to the court under paragraph (2), the clerk of the court shall serve on the person in charge of the place in which the applicant is detained and the person in whose favour the order which is being enforced under Article 112 was made notice of the time and place appointed for the consideration of the application by the court and shall also serve on the second-mentioned person a copy of the application.
(4) On considering an application referred to it under paragraph (2)(a) the court may—
(a)refuse the application; or
(b)if the applicant satisfies the court that he has complied with the order in question or intends to comply with it, order that the warrant shall cease to have effect when the person in charge of the place in which the applicant is detained is served by the clerk of the court with a copy of the order.
(5) Where the court makes an order under paragraph (4)(b) it may—
(a)fix a term of imprisonment in respect of any continued or future failure to comply with the order in relation to which the warrant was issued, being a term not exceeding so much of the term of the previous warrant as remained to be served at the date of the order; and
(b)postpone the issue of the warrant for the commitment of the applicant for that term until such time and on such conditions, if any, as the court thinks just.
(6) Where under paragraph (3) notice of the time and place appointed for the consideration of the application by the court is served by post on the person in whose favour the order which is being enforced under Article 112 was made—
(a)the notice shall be deemed to have been served on him notwithstanding that it is returned as undelivered or is for any other reason not received by that person; and
(b)if that person does not appear at that time and place, the court may proceed with the consideration of the application in his absence.
(7) In this Article “the court” means a court of summary jurisdiction F1....
(8) This Article does not prejudice section 44 of the Judicature (Northern Ireland) Act 1978 (appeal to Court of Appeal from order or decision of a magistrates' court under Article 112).
F1Words in art. 113(7) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(24), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)