Issue Of Warrants In Execution Of Court Orders : S.I. No. 41 Of 1998
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
Warrants of committal - sentence of imprisonment
1. Where a person has been sentenced to imprisonment the Court shall issue the warrant of committal (Form 25.1, 25.3, or 25.4, Schedule B as the case may be) forthwith, where the imprisonment is to take place immediately; but where the imprisonment is not to take place immediately, the Court may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.
- in default of payment of penalty
2. In all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person of an offence,
(a) for the payment of a penal sum and that sum has not been paid, the Court may issue a warrant of committal to imprisonment for the non-payment thereof (Form 25.5 or Form 25.6, Schedule B, as the case may be) at any time not later than six months from the expiration of the time fixed by the said order for the payment of that sum;
(b) for the performance of a condition and that condition has not been performed, the Court may, upon the application of the prosecutor, issue a warrant of committal to imprisonment for the non-performance of the condition (Form 25.7, Schedule B) at any time not later than six months from the expiration of the time fixed by the said order for the performance thereof.
- on the non-performance of a condition
3. Where the Court, upon imposing sentence of imprisonment, conditionally suspends the execution thereof, it may, upon the application of the prosecutor, issue a warrant of committal (Form 25.8, Schedule B) on being satisfied of the failure of the accused to comply with the terms upon which the said sentence was suspended.
Restriction on issue of warrant
4. Where by order the execution of sentence of imprisonment has been conditionally suspended, no warrant shall be issued to enforce such sentence later than six months warrant from the expiration of the time fixed by the said order for the performance of the condition.
- for contempt of court
5. Where, under section 9 of the Petty Sessions (Ireland) Act, 1851 or, as the case may be, section 6 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, a Judge by warrant commits a person to prison for any contempt of the Court, such warrant shall be in the Form 25.9, Schedule B.
Compensation etc. - No warrant unless fine is imposed.
6. Save where expressly authorised by statute, no warrant of committal shall be issued to enforce payment of any compensation, costs or expenses unless a fine has also been imposed.
Warrants of distress
7. Where an order is made directing that any penalty or other sum of money be levied by distress, the court may thereupon (if no time is allowed for payment) or after the expiration of the time allowed for payment, issue a warrant (Form 25.10, Schedule B) to levy by distress the said penalty or sum of money if the order has not been complied with.
Warrants where recognisances are estreated
8. Where the Court makes an order estreating a recognizance, the warrant of distress and the warrant of committal to prison in execution of such order shall be in accordance with Form 25.5 and Form 25.7, respectively, in Schedule B, as provided for in Order 27 of these Rules.
Warrant not to issue where notice of appeal lodged
*9 (1) Where an appeal is lodged against an order and a recognizance is entered into and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal is decided or the appellant has failed to perform the condition of the recognizance, as the case may be.
- Where issued, Clerk secure its return.
(2) Where such warrant has been issued but not executed the Clerk shall forthwith notify the Superintendent of the Garda Síochána to whom the warrant was addressed to that an appeal has been lodged and a recognizance entered into and the Superintendent shall return the warrant to the Clerk for cancellation by the Court.
- Where executed, appellent to be discharged on notice of appeal being given.
(3) Where such warrant has been issued and executed before notice of appeal is given or before a recognizance is entered into, the appellant shall, on notice of appeal being given and the recognizance being entered into, forthwith be discharged from custody or from prison. Where such warrant is a warrant of distress such distress shall be returned to the owner.
(4) Save where otherwise provided by statute or by rules of court, the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of the recognizance, as the case may be. This rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal.
Clerk to make note of issue.
10. Whenever a warrant is issued for the purpose of enforcing an order made by the Court, the Clerk shall make a note on the minute book, charge sheet, fines register, as appropriate, of the issue of the warrant and its nature and date.
Particulars of offence to be contained in warrant and recognizance.
11. A warrant issued under these Rules and a recognizance entered into under these Rules in respect of an offence shall contain, either in the body thereof, or attached thereto, sufficient particulars to identify the offence or offences the subject of the warrant or recognizance as the case may be.
*Petty Sessions (Ireland) Act, 1851 [s. 23].