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Fines Reform Act 2014
64What happens if person does not attend oral examination?
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64 What happens if person does not attend oral examination?
(1) If a person fails to attend before the Magistrates' Court as required by a summons under section 63 or otherwise fails to comply with the summons, the Magistrates' Court may issue a warrant to arrest the person in accordance with the **Magistrates' Court Act 1989**.
(2) A warrant under subsection (1) must—
(a) be directed to the sheriff or a police officer; and
(b) specify a time and place for the oral examination.
(3) If the sheriff or a police officer (as the case requires) arrests a person pursuant to a warrant referred to in this section, the sheriff or police officer may release the person on bail if the person undertakes to attend for oral examination and to produce information at the time and place specified in the warrant.
Part 7—Attachment of earnings directions and attachment of debts directions
Division 1—Attachment of earnings direction
65 When can an attachment of earnings direction be made?
(1) Subject to this Division, the Director may make an attachment of earnings direction in respect of a fine defaulter if the Director is satisfied that the fine defaulter owes a total amount outstanding which is not less than the attachment of earnings threshold.
(2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under—
S. 65(2)(b) amended by No. 59/2017 s. 26(a).
S. 65(2)(c) inserted by No. 59/2017 s. 26(b).
S. 65(2)(d) inserted by No. 59/2017 s. 26(b).
(3) An attachment of earnings direction remains in force if, during the period of operation of the direction—
(a) the amount outstanding falls below the attachment of earnings threshold; or
(b) the amount outstanding falls below the attachment of earnings threshold and the Director varies the attachment of earnings direction under section 70.
(4) An attachment of earnings direction may be made—
(a) at the discretion of the Director; or
(b) on the application of the fine defaulter.