OpenLegislation

Section 83 Process for securing attendance of offender . . . .F3

United Kingdom

(1)

A magistrates’ court may, for the purpose of enabling inquiry to be made under section 82 above or for securing the attendance of an offender at a hearing required to be held by subsection (5) of that section—

(a)

issue a summons requiring the offender to appear before the court at the time and place appointed in the summons; or

(b)

issue a warrant to arrest him and bring him before the court.

(2)

On the failure of the offender to appear before the court in answer to a summons F1issued under this section, or by virtue of Schedule 5 to the Courts Act 2003 the court may issue a warrant to arrest him and bring him before the court.

(3)

A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 83(2) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 47(a)

F2

S. 83(4) repealed (19.2.2001) by 1999 c. 22, ss. 97(2), 106, Sch. 15 Pt. V(8) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2001/168, arts. 1, 2 (subject to the transitional provisions in art. 3)

F3

Words in s. 83 heading omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 47(b)

Notes on Part III

Modifications

C1

Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))

Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)

Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.

C2

Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)

C3

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

C4

Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)