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Magistrates' Court Act 1989
69Persons to whom warrant to imprison may be directed
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69 Persons to whom warrant to imprison may be directed
(1) A warrant to imprison may be directed to—
S. 69(1)(a) amended by No. 37/2014 s. 10(Sch. item 101.4(a)(i)).
S. 69(1)(b) amended by No. 37/2014 s. 10(Sch. item 101.4(a)(ii)).
S. 69(1)(ba) inserted by No. 34/1990 s. 4(Sch. 3 item 5).
(ba) the sheriff; or
S. 69(1)(bb) inserted by No. 34/1990 s. 4(Sch. 3 item 5).
(bb) generally all prison officers; or
(c) any other person authorised by law to execute a warrant to imprison.
S. 69(2) amended by No. 37/2014 s. 10(Sch. item 101.4(b)).
(2) A warrant to imprison directed to a named police officer may be executed by any police officer.
S. 69(3) inserted by No. 34/1990 s. 4(Sch. 3 item 6), amended by No. 37/2014 s. 10(Sch. item 101.4(c)).
(3) A warrant to imprison directed to a named police officer or to generally all police officers may be executed by any prison officer.
S. 69(3A) inserted by No. 69/1997 s. 28(1).
(3A) A warrant to imprison under section 68(b) to be directed to the sheriff may be issued, not in paper form, but by a magistrate or registrar signing a document containing the following particulars in relation to persons against whom a warrant is to be issued under that section and causing those particulars to be transferred electronically to the sheriff in accordance with the regulations, if any—
(a) the name of the person in default;
(b) the type of warrant;
(c) the amount of the fine or instalment remaining unpaid;
(d) the period for which, or the circumstances in which, the person in default is to be kept in custody under the warrant;
(e) the date of issue of the warrant;
(f) the name of the magistrate or registrar signing the document;
(g) any other particulars that are prescribed.
S. 69(3B) inserted by No. 69/1997 s. 28(1).
(3B) A warrant issued in accordance with subsection (3A)—
(a) directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in subsection (3A) and directed to the sheriff had been issued in paper form under section 68(b) by the magistrate or registrar;
(b) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act.
S. 69(4) inserted by No. 34/1990 s. 4(Sch. 3 item 6).
(4) Subsections (4) to (7) of section 111 apply to a warrant to imprison directed to the sheriff under this Subdivision in the same manner as they apply to a warrant to seize property directed to the sheriff in a civil proceeding.