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PART VIISatisfaction and Enforcement of Orders

K. OTHER MATTERS IN RELATION TO THE ENFORCEMENT OF ORDERS

Order allowing time for payment or for payment by instalments in proceedings upon complaint

137.  Without prejudice to Rule 19 where a magistrates' court allows time to pay a sum adjudged to be paid by a conviction or any other sum ordered to be recovered in proceedings upon complaint or orders payment of any such sum by instalments, an entry to that effect shall be made in the Order Book as part of the order.

Application for further time to pay or for payment to be by instalments in proceedings upon complaint

138.—(1) An application for further time to pay a sum adjudged to be paid by a conviction or other sum ordered to be paid in proceedings upon complaint or to be allowed to pay such sum in instalments may, unless the court requires the applicant to attend, be made in writing.

(2) Such application may be made to a resident magistrate sitting out of petty sessions and a minute of the order made on such application shall be entered in the Order Book.

Direction that money found on defaulter shall not be applied in satisfaction of sum adjudged to be paid by a conviction or in proceedings under Article 98 of the Order

139.  Where the defaulter is committed to, or ordered to be detained in a prison or other place of detention, any direction given under Article 110(2) of the Order shall be endorsed on the warrant of commitment.

To whom payments of sums ordered to be paid in proceedings upon complaint are to be made

140.—(1) Except when the court otherwise directs, a person ordered to pay a sum by a magistrates' court in proceedings upon complaint shall, unless a warrant to enforce payment thereof has been issued, pay that sum or any instalment thereof to the clerk of petty sessions.

(2) The provisions of this Rule shall not derogate from those of section 5 of the Fines Act (Ireland) 1851(1).

Payment where imprisonment imposed

141.—(1) The persons authorised for the purposes of Article 111 of the Order to receive payment are:—

(a)unless there has been issued to the Royal Ulster Constabulary a warrant of commitment, the clerk of petty sessions;

(b)any member of the Royal Ulster Constabulary holding the warrant of commitment; or

(c)any governor of the prison in which the prisoner is confined or any other person having lawful custody of the prisoner.

(2) No person shall be required to receive in part payment under Article 111(2) of the Order an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

(3) Where a person having custody of the prisoner receives payment of any sum he shall endorse a certificate of receipt of the sum on the warrant of commitment and shall pay over the said sum to the clerk of petty sessions.

(4) Nothing in this Rule shall derogate from the provisions of section 5 of the Fines Act (Ireland) 1851.

(5) This Rule shall apply to committal orders under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 as it applies to warrants of commitment.

Part payment of sums to clerk of petty sessions

142.  Where before a warrant is issued to enforce payment of a sum adjudged to be paid by the conviction or order of a magistrates' court, part of that sum has been paid to the clerk of petty sessions, he shall endorse details of such payment on the warrant.

Execution of warrants in proceedings upon complaint

143.—(1) Subject to this Rule, a warrant issued by a resident magistrate or justice of the peace in proceedings upon complaint shall be addressed to the chief superintendent or, as the case may be, the superintendent of the constabulary division in which the warrant is issued.

(2) A warrant of discharge from prison and, where necessary, a warrant of commitment may be addressed to the prison governor.

(3) On receipt of a warrant of commitment the prison governor or his deputy shall receive the person named in the warrant (or shall detain him if he is already in custody) for the period specified in the warrant.

(4) The prison governor or his deputy shall, upon receiving a prisoner into his custody together with a warrant of commitment, give to the person charged with the execution of the warrant a receipt for the prisoner.

(5) Where the person named in the warrant is to be produced in court after an adjournment or remand the prison governor shall, subject to Article 47(5) of the Order, cause such person to be so 'produced at the time and place fixed by the warrant.

Execution of distress warrant by the Royal Ulster Constabulary

144.—(1) Sums adjudged to be paid by a conviction or order of a magistrates' court and levied under a warrant of distress addressed to a superintendent of the Royal Ulster Constabulary shall be paid over to the clerk of petty sessions.

(2) A warrant of distress shall authorise the person charged with its execution to take any money as well as the goods of the person against whom distress is to be levied and any money so taken shall be treated as if it were the proceeds of sale of goods taken under the warrant.

(3) Upon payment or tender of the sum to be levied and any expenses already incurred in connection with the distress to the person charged with executing the warrant, that person shall refrain from executing it.

(4) The person charged with the execution of a warrant of distress may sell the property distrained after the expiration of the period specified in the warrant, or if no period is fixed, after three days from the date of the distress, unless the sum for recovery of which the warrant was issued and the expenses of the distress are paid within that period.

(5) Where property is sold under a distress warrant, the person executing the warrant shall render to the owner of the property the balance of the proceeds of sale, if any, after retaining the sum to be levied and the expenses of the distress.

(6) A superintendent of the Royal Ulster Constabulary empowered to distrain goods under a warrant of distress may sell or cause such goods to be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow and may deduct the costs of such sale from the proceeds of sale.

Warrants of distress issued under Article 109 of the Order

145.  A warrant of distress issued under Article 109 of the Order shall be enforced in the same manner as a warrant issued in proceedings upon complaint.

Costs of warrant to be added to sum due under warrant of commitment or distress

146.  Where the warrant is a warrant of distress the sum referred to in Article 8 of the Magistrates' Courts Fees Order (Northern Ireland) 1983(2) shall be leviable in addition to any reasonable costs of making or keeping the distress or conducting the sale of the goods distrained in accordance with the order of the court.

Application for review of warrant of commitment

147.  A person imprisoned under a warrant of commitment issued by a magistrates' court under Article 112 of the Order who is not detained otherwise than under that Article may make an application by way of complaint in Form 120 to a resident magistrate requesting that the warrant be cancelled and stating the grounds of the application.