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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 114

1980 NI 5

114.(1) Where power is conferred under any enactment upon a magistrates' court
to require any person to do or to abstain from doing anything other than the
payment of money and no mode is provided for the exercise of such power, the
court may, subject to the provisions of this Act, exercise such power by
order.

(2) The court may annex to any order requiring any person to do or abstain
from doing anything other than the payment of money any condition as to time
or mode of action and may by order on complaint suspend or rescind such order
on any undertaking being given or upon the condition being performed.

[(3) Where a person fails to comply with an order such as is mentioned in
subsection (2) and the enactment under which the order was made prescribes no
punishment for such failure,

(a)section 110(1) to (3) shall apply as if in subsection (1) for the words
from the beginning to "the making of such order"
there were substituted the words "Where an order is made by a magistrates'
court requiring any person to do or abstain from doing anything other than the
payment of money and that person defaults in complying with the order by
either failing to do, within the time specified in the order or (if no time is
so specified) forthwith, the thing he is required to do or, as the case may
be, doing the thing he is required to abstain from doing", for the words from
"after the expiration of fourteen days" to "from that date"
there were substituted the words "before the expiration of one year from the
date of such default" and, in paragraph (a) of that subsection, for the words
"such payments are to be made" there were substituted the words "that thing is
required to be done or not done"; and

(b)upon the appearance of a person summoned before a
court of summary jurisdiction under subsection (1) of section 110 as applied
by paragraph (a) or on proof that the summons was duly served on him, the
court or, where a person is brought before a resident magistrate pursuant to a
warrant issued under that subsection as so applied, the resident magistrate

(ii)may commit him to prison for a period not exceeding two months or until he
either complies with the order or satisfies a court of summary jurisdiction
that he intends to comply with it (and the court may issue a warrant to
enforce the order of commitment);

(b)but a person who is ordered to pay a sum for every day during which he has
failed to comply with the order or who is committed to prison until he
complies or satisfactorily indicates his intention to comply with the order
shall not by virtue of this section be ordered to pay more than #1,000 or be
committed for more than two months in all for doing or abstaining from doing
the same thing contrary to the order (without prejudice to the operation of
this section in relation to any subsequent failure to comply with the order).

(3A) In relation to an order made by a resident magistrate or justice of the
peace sitting out of petty sessions, the references in paragraphs (a) and (b)
of section 110(1) to the same petty sessions district as the court which made
the order acted for shall for the purposes of subsection (3) be construed as
references to the petty sessions district in which the order was made.]

(4) Payment of any sum ordered to be paid under subsection (3) shall be
enforceable in the same manner as payment of a sum adjudged to be paid by a
conviction.[

© 1964 Crown Copyright

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