The Magistrates' Courts (Maintenance Orders Act, 1958) Rules 1959

Review of committals, etc

22.—(1) Where for the purpose of enforcing a maintenance order a magistrates' court has exercised its power under subsection (2) of section sixty-five of the Magistrates' Courts Act, 1952, or subsection (3) or (5) of section eighteen of the Act to postpone the issue of a warrant of commitment and under the terms of the postponement the warrant falls to be issued, the clerk of the court shall give notice to the defendant in the form numbered 15 in the Schedule to these Rules and shall attach to the said notice a copy of the form numbered 16 in the said Schedule.

(2) An application under subsection (1) of the said section eighteen requesting that the warrant shall not be issued shall be in the form numbered 16 in the Schedule to these Rules and shall be delivered to the clerk of the court or sent to him by post.

(3) For the purposes of subsection (2) of the said section eighteen the period for the receipt by the clerk of an application under subsection (1) of the said section shall be the period of eight days beginning with the day on which the clerk sends to the defendant the notice referred to in paragraph (1) of this Rule.

(4) An application under subsection (4) of the said section eighteen requesting that a warrant of commitment which has been executed shall be cancelled shall be in the form numbered 17 in the Schedule to these Rules.

(5) Where an application by a defendant under subsection (1) or (4) of the said section eighteen is considered by the court the clerk of the court shall give notice of the decision of the court, if the person in question is not present—

(a) to the person in whose favour the maintenance order in question was made; and

(b) except where an application under subsection (1) of the said section eighteen is dismissed, to the defendant.

(6) Where on considering an application by a defendant under subsection (4) of the said section eighteen the court—

(a) makes an order under paragraph (b) of subsection (5) of the said section for the cancellation of the warrant of commitment; or

(b) remits under subsection (6) of the said section the whole or any part of the sum in respect of which the warrant was issued;

the clerk of the court shall forthwith give written notice of the decision to the person in charge of the prison or other place in which the defendant is detained.