Article 93 Restrictions on power to order immediate committal in default of payment of a sum adjudged to be paid by a conviction

Northern Ireland

F1(1)

A warrant committing a person to prison in respect of non-payment of a sum adjudged to be paid by a conviction of a magistrates' court shall not be issued at the time of his conviction unless—

(a)

he appears to the court to have sufficient means to pay the sum forthwith; or

(b)

on being asked by the court whether he wishes to have time for payment he does not ask for time; or

(c)

the court is satisfied that he has no fixed abode in Northern Ireland; or

(d)

there is some other special circumstance appearing to the court to justify immediate committal;

and if the court does issue a warrant of commitment, the court shall state in the warrant the reasons for not allowing the person committed time to pay.

F2(2)

This Article does not apply where the person is a child.

Annotations

Textual amendments

F1: Art. 93(1): renumbered from art. 93 (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 30(10), 61(2) (with s. 30(12)); S.R. 2018/99, art. 2(a)
F2: Art. 93(2) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 30(10), 61(2) (with s. 30(12)); S.R. 2018/99, art. 2(a)

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)