The Penalty Notices (Justice Act (Northern Ireland) 2011) (Enforcement of Fines) Regulations (Northern Ireland) 2012

Procedure where warrant issued

This section has no associated Explanatory Memorandum

6.—(1) Where a defendant has been taken into custody in pursuance of a warrant issued under regulation 4(2)(b) or paragraph (5) of this regulation or the purpose of causing him to be brought before a court he shall, if it will not be practicable to bring him before a court within twenty four hours after he was taken into custody, be brought, as soon as practicable, before a lay magistrate.

(2) If he thinks fit the lay magistrate may discharge the defendant upon the defendant entering into a recognizance for a reasonable amount to appear before a court at the time and place named in the recognizance.

(3) Where a defendant is not so discharged the lay magistrate shall commit him to prison and direct that he shall be brought before a court as soon as practicable thereafter and in any case not later than seven days form the date of such commitment.

(4) A court before which a defendant is brought under regulation 4(2)(b) or paragraph (5) of this regulation may hear the complaint in accordance with regulation 7 or may, if it thinks fit, discharge such person upon his entry into a recognizance for a reasonable amount to appear before a court at the time and place named in the recognizance.

(5) If the defendant fails to appear at the time and place mentioned in a recognizance entered into under paragraph (2) or (4) the court may by warrant cause him to be brought before a court acting for the same petty sessions district in which the sum payable in default is registered or for any other petty sessions district in the same county court division.