Part III
- (ii) has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful.
(5) After the occasion of an offender’s conviction by a magistrates’ court, the court shall not, unless—
- (a) the court has previously fixed a term of imprisonment under section 77(2) above which is to be served by the offender in the event of a default in paying a sum adjudged to be paid by the conviction; or
- (b) the offender is serving a term of imprisonment or detention in a detention centre,
issue a warrant of commitment for a default in paying the sum or fix such a term except at a hearing at which the offender is present.
(6) Where a magistrates’ court issues a warrant of commitment on the ground that one of the conditions mentioned in subsection (1) or (4) above is satisfied, it shall state that fact, specifying the ground, in the warrant.
Process for securing attendance of offender for purposes of section 82. 83.—(1) A magistrates’ court may, for the purpose of enabling inquiry to be made under section 82 above or for securing the attendance of an offender at a hearing required to be held by subsection (5) of that section—
- (a) issue a summons requiring the offender to appear before the court at the time and place appointed in the summons; or
- (b) issue a warrant to arrest him and bring him before the court.
(2) On the failure of the offender to appear before the court in answer to a summons under this section the court may issue a warrant to arrest him and bring him before the court.
(3) A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.
(4) Notwithstanding anything in section 125 below, a warrant under this section shall cease to have effect when the sum in respect of which the warrant is issued is paid to the police officer holding the warrant.
Power to require statement of means.
84.—(1) A magistrates’ court may, either before or on inquiring into a person’s means under section 82 above, and a justice of the peace acting for the same petty sessions area as that court may before any such inquiry, order him to furnish to the court