MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 114A Recovery of sums awarded in proceedings commenced by notice.

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

Recovery of sums awarded in proceedings commenced by notice.

114A.(1) A person imprisoned under a warrant of commitment issued under
section 114 who is not detained otherwise than under that section may make an
application in the prescribed manner requesting that the warrant be cancelled
and stating the grounds of the application.

(2) An application under subsection (1) shall be made to a resident magistrate
who shall, after considering the statements contained in the application,

(a)if he is of opinion that the application should be further considered,
refer it to the court; or

(b)if he is not of that opinion, refuse the application.

(3) When an application is referred to the court under subsection (2), the
clerk of the court shall serve on the person in charge of the place in which
the applicant is detained and the person in whose favour the order which is
being enforced under section 114 was made notice of the time and place
appointed for the consideration of the application by the court and shall also
serve on the second-mentioned person a copy of the application.

(4) On considering an application referred to it under subsection (2)(a),
the court may

(a)refuse the application; or

(b)if the applicant satisfies the court that he has complied with the order in
question or intends to comply with it, order that the warrant shall cease to
have effect when the person in charge of the place in which the applicant is
detained is served by the clerk of the court with a copy of the order.

(5) Where the court makes an order under subsection (4)(b) it may

(a)fix a term of imprisonment in respect of any continued or future failure to
comply with the order in relation to which the warrant was issued, being a
term not exceeding so much of the term of the previous warrant as remained to
be served at the date of the order; and

(b)postpone the issue of the warrant for the commitment of the applicant for
that term until such time and on such conditions, if any, as the court thinks
just.

(6) Where under subsection (3) notice of the time and place appointed for the
consideration of the application by the court is served by post on the person
in whose favour the order which is being enforced under section 114 was made,

(a)the notice shall be deemed to have been served on him notwithstanding that
it is returned as undelivered or is for any other reason not received by that
person; and

(b)if that person does not appear at that time and place, the court may
proceed with the consideration of the application in his absence.

(7) In this section "the court" means a court of summary jurisdiction sitting
for the same petty sessions district as the court which issued the warrant of
commitment or for any other petty sessions district in the same
county court division.

(8) This section does not prejudice section 44 of the Judicature (Northern
Ireland) Act 1978 (appeal to Court of Appeal from order or decision of a
magistrates' court under section 114).]

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Northern Irish Legislation

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