The Magistrates' Courts (Northern Ireland) Order 1981 No. 1675 (NI. 26)

PART IX N.I. SATISFACTION AND ENFORCEMENT OF ORDERS

Modifications etc. (not altering text)

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)

Sums adjudged to be paid by a conviction N.I.

Enforcing payment of a sum adjudged to be paid by a conviction N.I.

92.—(1) Subject to this Article and Article 93, where default is made by a person in paying a sum adjudged to be paid by a conviction or any instalment of or part of such sum the order of the court may be enforced by the issue of—

(a) a warrant of distress for the purpose of levying so much of the sum as remains unpaid; or

(b) a warrant committing that person to prison; or

(c) a warrant committing him to prison in default of sufficient distress.

[F1 (1A) A warrant of distress shall not be issued under paragraph (1)(a) at the time of sentencing of the person concerned.]

(2) Where it appears on the return to a warrant of distress that the money and goods of the defaulter are insufficient to satisfy the sum together with the cost of levying the sum, the court may issue a warrant of commitment.

(3) Where the court has issued a warrant of commitment in the first instance in default of payment of the sum and it is found impossible to execute the warrant, a warrant of distress may be issued.

(4) Where a court has allowed payment of the sum by instalments and default is made in the payment of any one instalment, a warrant may be issued as if the default had been made in the payment of all the instalments then unpaid [F2 ; but this does not apply where there is a collection order in relation to the sum ] .

(5) The period for which a person may be committed to prison under this Article in default of payment or levy of any sum or part of such sum shall not exceed the period specified in Schedule 3.

[F3 (6) This Article does not apply to a child, except where committal would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998.]

F1 Art. 92(1A) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 31(2), 61(2); S.R. 2018/99, art. 2(a)

F2 Words in art. 92(4) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), s. 61(2), Sch. 2 para. 3(3); S.R. 2018/99, art. 2(c)

F3 Art. 92(6) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 30(9), 61(2) (with s. 30(12)); S.R. 2018/99, art. 2(a)

Modifications etc. (not altering text)

C2 Art. 92 modified (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 89(1)-(4), 153(4)(d); S.I. 2009/2606, art. 2(j)