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Section 136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction.C1C2

England and Wales

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

(1)

A magistrates’ court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.

(2)

A warrant under this section F1—

(a)

shall authorise the person executing itto arrest the defaulter and take him to a police station, and

(b)

shall require the officer in charge of the station to detain him there until 8 o’clock in the morning of the day following that on which he is arrested, or, if he is arrested between midnight and 8 o’clock in the morning, until 8 o’clock in the morning of the day on which he is arrested.

(3)

Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.

F2(4)

This section shall have effect in relation to a person F3aged 18 or over but less than 21 as if references in it to prison were references to detention under F4section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default).

Annotations

Textual amendments

F1

S. 136(2)(a) substituted for s. 136(2)(a)-(c) (8.1.2001) by 1999 c. 22, s. 95(2), (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/3280, art. 2(b)

F2

S. 136(4) added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 58

F3

Words in s. 136(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 6(3), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F4

Words in s. 136(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 78

Modifications

C1

S. 136 excluded (26.11.1999) by S.I. 1999/3133, art. 8(8)

C2

S. 136 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56, 57, 58, 173