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Procedure For Issue Of Certain Warrants Ofcommitment In Absence Of Offender

Volume 113: debated on Tuesday 31 March 1987

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 154, in page 23, leave out line 11 and insert 'In subsection (4)'.

No. 155, in page 23, line 12, leave out

'(warrants of commitment' and insert '(restriction on power to impose imprisonment'.

No. 156, in page 23, line 13, at end insert

'in paragraph (b)(ii) of subsection (4), for the words "all other methods of enforcing payment of the sum" there shall be substituted the words "the methods of enforcing payment of the sum specified in subsection (4A) below".
(1A) The following subsection shall be inserted after that subsection—
"(4A) The methods of enforcing payment mentioned in subsection (4)(b)(ii) are—
  • (a) a warrant of distress under section 76 above;
  • (b) an application to the High Court or county court for enforcement under section 87 below;
  • (c) an order under section 88 below;
  • (d) an attachment of earnings order; and
  • (e) if the offender is under the age of 21, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders).".
  • (2) The following subsections shall be inserted after subsection (5) of that section—.'.

    No. 149, in page 23, line 20, leave out from beginning to 'it' in line 21 and insert—

    '(5B) At such a hearing the court shall consider such information about the offenders means as is available to it, unless'.

    No. 150, in page 23, line 27, leave out from 'time' to first 'and' in line 28.

    No. 151, in page 23, line 33, at end insert—

    '(5CA) Except as mentioned in subsection (5CB) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.
    (5CB) Where a magistrates' court issues a notice under subsection (5A) above at the same time at exercising the power conferred by section 77(2) above, the time stated in the notice may be any day following the end of the period for which the issue of the warrant of commitment has been postponed.'.

    No. 152, in page 24, line 2 leave out "at a hearing under section 82(5) above" and insert 'from "at" to "conviction"'.

    No. 153, in page 24, line 4, at end insert

    'if the court thinks it just to do so having regard to any change in his circumstances since the conviction, remit the whole or any part of the fine or vary any condition on which the issue of the warrant of commitment relating to it was postponed under section 77 above.'.—[Mr. Mellor.]