THE THIRD GROUP OF PARTS

PART 7COURT PROCEDURE AND PRACTICE

CHAPTER 4ENFORCEMENT PROCEDURES

Warrants under ss.236, 366I17.23

1

[[FORM 7.8]] When a person is arrested under a warrant issued under section 236 (inquiry into insolvent company's dealings) or 366 (the equivalent in bankruptcy), the officer arresting him shall forthwith bring him before the court issuing the warrant in order that he may be examined.

2

[[FORM 7.9]] If he cannot immediately be brought up for examination, the officer shall deliver him into the custody of the governor of the prison named in the warrant, who shall keep him in custody and produce him before the court as it may from time to time direct.

3

After arresting the person named in the warrant, the officer shall forthwith report to the court the arrest or delivery into custody (as the case may be) and apply to the court to fix a venue for the person's examination.

4

The court shall appoint the earliest practicable time for the examination, and shall—

a

[[FORM 7.9]] direct the governor of the prison to produce the person for examination at the time and place appointed, and

b

forthwith give notice of the venue to the person who applied for the warrant.

5

Any property in the arrested person's possession which may be seized shall be—

a

lodged with, or otherwise dealt with as instructed by, whoever is specified in the warrant as authorised to receive it, or

b

kept by the officer seizing it pending the receipt of written orders from the court as to its disposal,

as may be directed by the court.