Article 114 Issue, postponement and stay of execution of warrants

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

art.114(2) applied by Sea Fishing (Days in Port) 1991
art.114(2) applied by Sea Fishing (Enforcement of Community Quota Measures) 1994 art.5(4)
art.114(2) applied by Third Country Fishing (Enforcement) 1994 art.4(4)
art.114(2) applied by Third Country Fishing (Enforcement) 1995 art.4(4)
art.114(2) applied by Sea Fishing (Enforcement of Community Quota Measures) 1995 art.5(4)
arts.114,154 extended by Sea Fishing (Enforcement of Community Quota Measures) 1999 art.5(4)

(1)

Subject to this Order or any other enactment, where a magistrates' court makes an order upon conviction which is to have immediate effect it shall issue the proper warrant for executing the order forthwith or, if for any reason and subject to any enactment, the order is not to have immediate effect the court may postpone the issue or stay the execution of the warrant.

C1 C2(2)

A magistrates' court may postpone the issue of any other warrant or stay the execution of it until such time and on such conditions as it thinks justF1; but a lay magistrate sitting out of petty sessions may postpone the issue of a warrant, or stay the execution of it, only if it was issued by him or another lay magistrate.

Annotations

Textual amendments

F1: 2002 c. 26

Modifications

C1: Art. 114(2) applied (31.10.2007) by Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2007 (S.R. 2007/407), art. 17(2)
C2: Art. 114(2) applied (31.12.2008) by Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) Order (Northern Ireland) 2008 (S.R. 2008/484), art. 5(3)

Notes on Part IX

Modifications

C1: Pt. IX (arts. 91-117) applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 88(6)(7), 153(4)(d); S.I. 2009/2606, art. 2(i)