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Section 92 Penalty for rescuing goods seized.C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If any person rescues or attempts to rescue any goods seized in execution under process of F1the county court , he shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding one month or to a fine of an amount not exceeding level 4 on the standard scale, or both; or

(b)

on an order made by the F2county court in that behalf, to be committed for a specified period not exceeding one month to . . . F3 prison . . . or to a fine of an amount not exceeding level 4 on the standard scale or to be so committed and to such a fine.

and F4an officer of the court may take the offender into custody, with or without warrant, and bring him before the county court .

(2)

F5A judge of the county court may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

F6(3)

This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Annotations

Textual amendments

F1

Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3 and with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in s. 92(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(39)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

F4

Words in s. 92(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(39)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5

Words in s. 92(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(39)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6

S. 92(3) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 73 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications

C1

S. 92 restricted (1.9.1993) by S.I. 1993/2073, art.10.

Notes on Part V

Modifications

C1

Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)