In this Part of this Act, unless the context otherwise requires, references to the sum adjudged to be paid by a conviction shall be deemed to include any sum of money adjudged or ordered to be paid by a conviction or an order, whether as a fine or for costs or otherwise.

Every warrant of commitment (whether issued under this Part of this Act or otherwise) and every warrant of distress shall be directed either to any constable or bailiff by name or generally to every constable and bailiff. Any such warrant may be executed by any constable or bailiff.

For the purpose of executing any warrant of commitment, the constable or bailiff executing it may at any time enter any premises, by force if necessary, if he has reasonable cause to believe that the defendant is on those premises:

“Provided that if any person in actual occupation of the premises requires a bailiff or a constable not in uniform to produce evidence of his authority, he shall before entering on the premises produce the warrant or his badge or other evidence that he is a constable or bailiff.

The constable or bailiff by whom any warrant of commitment is executed shall convey the person therein named or described to the penal institution named in the warrant or to some other penal institution and there deliver him, together with the warrant, to the Superintendent, who shall give the constable a receipt in the prescribed form for that purpose.

Except as provided in section 85 of this Act, where the Court by conviction adjudges the defendant to pay a sum of money, it shall not on that occasion impose on him a period of imprisonment in default of payment of that sum.

Where the Court by a conviction adjudges the defendant to pay a sum of money, it may do one or both of the following things:

Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in the payment of all the instalments then remaining unpaid.

Subject to sections 83 and 85 of this Act, every sum adjudged to be paid by a conviction shall be paid within 28 days thereafter or within such further time as may be allowed or fixed for the payment thereof, and no summons or warrant shall be issued under section 89 of this Act and no proceedings may be taken for the enforcement of the payment of the said sum until after the expiration of the said period of 28 days or any extension thereof or while any application for the extension of the said period, made during that period or during any existing extension thereof, is pending.

If the Court which adjudges any sum to be paid is of opinion—

the Court may direct that a warrant of distress in the prescribed form be issued, without waiting for the expiration of the period mentioned in section 84 of this Act, or it may impose on the defendant a period of imprisonment in default of payment of the sum adjudged to be paid (not exceeding the appropriate maximum period prescribed by section 103 of this Act), and may direct that a warrant of commitment in the prescribed form be issued in the first instance.

If the Court makes a direction under subsection (1) of this section, a record of the direction and of the grounds upon which it is made shall be entered in the Criminal Record Book.

A warrant of commitment under this section may be issued by any Magistrate or Justice, and shall require that the defendant be imprisoned in some prison for such time as the Court has fixed at the time of the hearing unless the sum adjudged to be paid and the fee for the issue of the warrant are sooner paid.

Where a defendant is convicted and by that conviction is adjudged to pay a sum of money or to do some act, and no direction is made under subsection (1) of section 85 of this Act, the Registrar shall as soon as practicable deliver to the defendant or send to him by letter addressed to him at his last known or usual place of residence or at his place of business, a notice of the conviction or order.

Every notice shall be in the prescribed form and shall set forth—

Failure to comply with the provisions of this section shall not of itself invalidate any subsequent proceeding.

Notwithstanding the provisions of this section it shall be the responsibility of the defendant to take all necessary steps to inform himself of the decision of the Court and of his obligations under it.

It shall not be necessary to comply with subsection (1) of this section in any case where the defendant is adjudged to pay a sum of money and he pays that sum of money before the notice is delivered or sent.

It shall be the duty of the Registrar of the Court in which any person is by a conviction adjudged to pay a sum of money to take all necessary steps to enforce the payment of that sum.

The powers of the Registrar under this Part of this Act may with the approval of the Secretary for Justice be delegated either to a particular person or to the holder for the time being of a particular office.

The fact that any officer exercises the powers of the Registrar under this Part of this Act shall be conclusive evidence of his authority to do so and no person shall be concerned to enquire whether that officer is so authorised or not.

Nothing in this Part of this Act shall authorise the Registrar to commit any person to prison or to enforce any order by committal.

Any defendant adjudged to pay a sum of money may apply in the prescribed form for an extension of the time allowed by section 84 of this Act in which to pay that sum.

Every application under this section shall be made to the Registrar of the Court in which the defendant was convicted, or, where that Registrar is a constable or where the defendant has been convicted in more than one Court, then in the Court nearest to where the defendant resides or, where the defendant is a corporation, carries on business, being an office under the control of a Registrar not being a constable.

Every such application shall be made within 14 days of the day of sentence:

“Provided that the Registrar may if he is satisfied that there has been no deliberate delay on the part of the applicant accept an application made out of time if it is on its face genuine and reasonable.

Every such application shall be dealt with as if the defendant had been summonsed under section 89 of this Act and the provisions of that section and of section 92 of this Act shall apply accordingly with all necessary modifications and the following specific modifications, namely—

Where an application is refused or not proceeded with within a reasonable time, proceedings for the enforcement of the payment of the sum adjudged to be paid may be had after the expiration of the period allowed by section 84 of this Act.

Where default is made in the payment of any sum adjudged to be paid by a conviction the Registrar shall inquire into the means of the defendant and shall, unless he knows that the defendant is undergoing a sentence of detention,—

to enable the defendant to be orally examined as to his means.

The defendant shall bring with him to Court all books of account and other documents relating to his debts.

Where the defendant is a corporation the summons or warrant may be issued to any officer of the corporation.

The Registrar may also summon any other person whom the Registrar believes to have in his possession any of the property, or any book, paper, or document relating to the affairs or property, of the defendant, or supposes to be indebted to the defendant or whom he thinks capable of giving any information respecting the defendant, his trade, dealings, or property, or concerning his income from any source, or his expenditure.

Any person so summonsed may be required to produce at his examination any book, paper, or document relating to the affairs or property of the defendant.

No person who is required by a summons issued under subsection (4) of this section to travel more than 10 miles to attend the examination shall be bound to attend unless expenses in accordance with the scale prescribed by regulations made under this Act are tendered to him.

On the failure of any person to appear before the Registrar in answer to a summons under this section, the Registrar may issue a warrant to arrest him and bring him before the Court.

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 officer executing the warrant.

An examination under this section shall be made orally on oath before the Registrar and shall be committed to writing.

When the examination of any person under this section has been concluded the written record of the examination shall be read over to that person and signed by the Registrar.

Notwithstanding the provisions of subsections (9) and (10) of this section, the Registrar may accept in lieu of an oral examination a statement in writing verified by statutory declaration.

Any person attending and failing or refusing to answer any question lawfully put to him by the Registrar commits an offence and is liable on summary conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding 3 months and if he is the defendant, or, where the defendant is a corporation, an officer or servant of the corporation, the defendant may be deemed to have or have had sufficient means to pay the sum he or it was adjudged to pay.

Every defendant or officer of a corporation which is a defendant who is summoned or brought before the Registrar of the Court under this section shall appear personally with or without his counsel or solicitor who may examine the defendant or officer and be heard on the matter of the defendant’s means.

Notice of any summons issued under subsection (4) of this section shall be given to the defendant who may cross-examine the witness.

On any examination under this section the provisions of sections 45 to 49 of this Act shall apply, so far as they are applicable and with the necessary modifications, as if the examination were the hearing of a charge.

In the application of subsection (15) of this section the term ‘Court’ includes the Registrar of the Court.

Every defendant or other person apprehended under this section shall be bailable as of right.

A statutory declaration purporting to have been given by or on behalf of the employer of a person and stating that wages of a certain amount have been paid to that person during a specific period shall be prima facie evidence of the facts therein stated for the purposes of this Part of this Act.

Where default is made in the payment of a sum adjudged to be paid by a conviction and it appears to the Registrar of the Court in which the conviction or order was entered or made that the conviction or order may be more effectively enforced in another Magistrate’s Court the Registrar may by an order under his hand make the payment of the sum adjudged to be paid enforceable in that other Court.

Every order made under this section shall contain full particulars of the conviction or order and the amount due thereunder and shall be prima facie evidence of the facts therein stated.

As from the date of the making of an order under this section in respect of any sum all functions under this Part of this Act relating to that sum which if no such certificate had been given would have been exercisable by the convicting Court or the Registrar of that Court shall be exercisable by the Court to which enforcement of the sum due had been transferred or its Registrar, as the case may be, and not otherwise.

The power conferred by subsection (1) of this section may in like manner and from time to time be exercised by a Registrar of a Court to which enforcement of any sum has been transferred.

Where default is made by a defendant in the payment of a sum adjudged to be paid by a conviction the Registrar may, after enquiry into the defendant’s means under section 89 of this Act, whether consequent on that default or on an application under section 88 of this Act, do all or any of the following things—

A report may be made under paragraph (a) of subsection (1) of this section without an enquiry if the defendant is undergoing a sentence of detention.

The Registrar may exercise the powers given by this section from time to time and with or without further enquiry until the sum adjudged to be paid has been satisfied.

Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in the payment of all the instalments then remaining unpaid.

Whenever any sum adjudged to be paid by conviction is due and payable but remains unpaid the Registrar may in the circumstances set out in subsection (1) of section 92 of this Act take one or more of the following steps, namely—

A Registrar may, where he is satisfied (after an inquiry pursuant to section 89 of this Act) that the defendant is possessed of goods available for seizure, or, for the purposes of giving effect to the direction of a Magistrate under section 100 of this Act, file in a Magistrate’s Court of civil jurisdiction a certificate giving full details of the sum adjudged to be paid by a conviction and the amount remaining unpaid thereunder, together with such other costs as remain outstanding, and shall request that a distress warrant be issued for the recovery of the sum outstanding.

On the filing of the certificate and request referred to in subsection (1) of this section the Registrar of the Court in which the certificate is filed shall issue a warrant of distress under the provisions of the Magistrates’ Courts Act 1947 as if the sum outstanding under the certificate were a sum due under a judgment.

Except to the extent that they are modified or varied by this section the provisions of the Magistrates’ Courts Act 1947 shall apply to a warrant issued pursuant to this section.

A warrant of distress may be issued under this section, notwithstanding that the Act under which proceedings are taken makes no provision for the levy by distress of the sum adjudged to be paid, or provides for the imprisonment of the defendant upon default in payment thereof.

For the purpose of executing any warrant of distress, the bailiff executing it may at any time enter on any premises, by force if necessary, i’f he has reasonable cause to believe that the property in respect of which it is issued is on those premises:

“Provided that if any person in actual occupation of the premises requires him to produce evidence of his authority, the bailiff executing the warrant shall produce the warrant before entering on the premises.

Where a person against whom a warrant of distress is issued pays or tenders to the bailiff executing the warrant the sum or sums therein mentioned together with the amount of the expenses of the distress up to the time of the payment or tender, the warrant shall be deemed to be satisfied.

Subject, in the case of goods comprised in a hire purchase agreement, to regulations made under this Act, where goods have been seized under a warrant of distress and some third person claims to be entitled to the goods either as owner under a hire purchase agreement or under a bill of sale or otherwise by way o’f security for a debt, a Court presided over by a Magistrate may order a sale of the whole or part of the goods upon such terms as to payment of the whole or part of the secured debt or otherwise as the Court thinks fit, and may direct the application of the proceeds of the sale in such manner and upon such terms as it deems just.

The surplus of the sale, if any, shall be handed by the bailiff to the Registrar, who shall pay the amount to the defendant.

Any goods seized but not sold shall be returned or left by the bailiff at the place from which they were seized.

No distress made under the authority of this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, by reason of any defect or want of form in the warrant of distress, nor shall any such person be deemed a trespasser from the beginning by reason of any irregularity afterwards committed by him; but all persons aggrieved by any such defect or irregularity may recover satisfaction for the special damage by action at law.

The provisions of the Magistrates’ Courts Act 1947 relating to distress warrants shall have effect in relation to a warrant issued pursuant to this section as if—

Sections 91 and 95 of the Magistrates’ Courts Act 1947 shall not apply in relation to a distress warrant under this section.

Where goods have been seized under a warrant of seizure issued pursuant to section 97 of this Act and a warrant of distress is subsequently issued in respect of the goods and chattels of the same defendant and to secure payment of the whole or part of the sum in respect of which the warrant of seizure was issued then, for the purpose of determining priority between that warrant of distress and any other warrant of distress, the application for the issue of the first-mentioned warrant of distress shall be deemed to have been made at the time when the warrant of seizure was issued.

Every order made under section 92 of this Act attaching the salary or wages of a defendant shall have the same effect as an attachment order made under section 95 of the Domestic Proceedings Act 1968 and the provisions of that Act shall apply accordingly with the following modifications—-

On the application of the Registrar the Court may, if it is satisfied that—

make an order disqualifying the defendant from holding or obtaining a driver’s licence for such period not exceeding 6 months as the Court thinks fit.

Every application made under this section shall be by way of complaint and shall be determined by a Magistrate’s Court presided over by a Magistrate and may in the discretion of the Magistrate be heard in open Court or in Chambers.

Every order under this section shall have effect as if it had been made under section 30 of the Transport Act 1962.

A Registrar may, where he is satisfied (after an inquiry pursuant to section 89 of this Act) that default in payment of any sum adjudged to be paid by a conviction is caused wholly or in part by or through the use of a motor vehicle and that the defendant is lawfully entitled to the possession of that motor vehicle, or, for the purpose of giving effect to the direction of a Magistrate under section 100 of this Act, issue a warrant in the prescribed form for the seizure and detention of the motor vehicle described therein.

For the purpose of executing any warrant of seizure the bailiff or constable executing it may at any time enter on any premises, by force if necessary, if he has reasonable cause to believe that the property in respect of which it is issued is on those premises:

“Provided that, if any person in actual occupation of the premises requires him to produce evidence of his authority, the bailiff or constable executing the warrant shall produce the warrant before entering on the premises.

Any vehicle seized under a warrant of seizure shall be delivered by the bailiff to the Registrar who shall retain the same until the amount due under the conviction or order together with the costs of execution are paid or the Court or Registrar otherwise orders.

Where a vehicle detained under this section is lost, destroyed, or damaged the Registrar shall not be liable for such loss, destruction, or damage unless the same was caused by the default or negligence of the Registrar, his officers, servants, or agents.

If any person removes or attempts to remove any goods seized under a warrant of seizure, he shall be liable on summary conviction to a fine not exceeding $200 and any bailiff of the Court or any constable may arrest him without warrant.

Subject to the directions of the Registrar, if a claim is made to or in respect of any vehicle seized under a warrant of seizure the bailiff who is executing or has executed the warrant may, before or after the return of the warrant and whether or not an action has been commenced against him for the seizure, obtain from the Registrar a summons calling before the Court the party making the claim and the provisions of section 94 of the Magistrates’ Courts Act 1947 shall apply to every such summons with such modifications as are necessary.

No seizure made under authority of this section shall be deemed unlawful nor shall any person making the same be deemed a trespasser by reason of any defect or want of form in the warrant of seizure nor shall any such person be deemed a trespasser from the beginning by reason of any irregularity afterwards committed by him; but all persons aggrieved by any such defect or irregularity may recover satisfaction for the special damage by action at law.

Nothing in this section shall prevent the issue of a warrant of distress in respect of the same goods.

The bailiff executing any warrant of seizure shall from time to time and as required by the Registrar make a report on what he has done under the warrant.

Any defendant or other person who is affected by an order or decision made under this Part of this Act by the Registrar and who is aggrieved by that order or decision may apply to a Magistrate on notice for a review of the order or decision.

On any such review the Magistrate may confirm, modify, or vary the Registrar’s decision and the decision as confirmed, varied, or modified shall have effect accordingly.

Where it appears to the Registrar that the payment of fees payable under this Act or of those fees in full, would cause undue hardship to the defendant he may, remit the whole or such part of the fees as he thinks fit and may, without further appropriation than this section, refund all such fees that have already been paid or any part thereof.

Where default is made in the payment of a sum of money adjduged to be paid by a conviction the Registrar may at any time and from time to time and shall if the sum remains unpaid for more than 12 months from the date of the conviction or order, report thereon to a Stipendiary Magistrate.

Every report shall contain details of the measures taken to enforce payment of the sum and the results of those measures and shall have attached thereto a copy of the transcript of the inquiry, if any, into the defendant’s means.

Subject to the provisions of section 101 of this Act, the Magistrate, after considering the report of the Registrar and having regard to the offence, character, and personal history of the defendant and all the factors of the case, including any change in the defendant’s circumstances since his conviction, may—

Before a sentence is imposed or an order is made under paragraph (c) of subsection (3) of this section, there shall be issued a summons to the defendant in the prescribed form, or, whether or not a summons has been issued or served, a Magistrate may issue a warrant, in the prescribed form to arrest that person and bring him before a Court.

On the appearance of that person before a Court, a Magistrate may, if he thinks fit, but subject to the provisions of this section, and to sections 6 to 13 (relating to release on probation), and sections 16 to 17 (relating to detention in a detention centre), of the Criminal Justice Act 1954, and to sections 9 (except subsection (2) thereof) and 11 to 22b (relating to periodic detention) of the Criminal Justice Amendment Act 1962, sentence that person accordingly or may give a direction or remit the sum under this section.

A warrant may be issued or a sentence imposed or an order made under this section notwithstanding that none of the offences in respect of which the defendant was adjudged to pay a sum of money was punishable by imprisonment.

Any warrant issued under this section may be withdrawn by the Magistrate who issued it or, if he is not available, by any other Magistrate.

Where under this section a Magistrate withdraws any warrant or sentences the defendant to detention in a detention centre, or to periodic detention or releases the defendant on probation or gives a direction under paragraph (d) of subsection (3) of this section for a sum less than the amount due in respect of the conviction, the amount due or, as the case may require, the difference between that amount and the sum in respect of which the direction is given shall be deemed to be remitted.

Every person who is required to attend before a Court pursuant to a summons or warrant issued under subsection (4) of this section shall be entitled to be represented by a barrister or solicitor.

Where a Court sentences any person under paragraph (c) of subsection (3) of this section that person shall, subject to subsection (6) of this section, have the same right of appeal to the Supreme Court against the sentence as he would have had if the sentence had been imposed by a Magistrate’s Court after his conviction on an information:

“Provided that where the Supreme Court quashes the sentence on any such appeal it shall either pass such other sentence warranted in law in substitution therefor as the Supreme Court thinks fit or direct that the case be remitted to a Magistrate to be dealt with under subsection (3) of this section except paragraph (c).

Where a Magistrate directs the issue of a warrant or makes an order under this section he may if he thinks it expedient to do so postpone the issue, or, if issued, suspend the execution of, the warrant, or defer the operation of the order, until such time and on such conditions, if any, as the Magistrate thinks just.

Subject to section 85 of this Act, a Magistrate shall not direct the issue of a warrant of commitment under section 100 of this Act or sentence the defendant to any form of detention under this Part of this Act for non-payment of a sum adjudged to be paid by a conviction unless on an occasion subsequent to his conviction an inquiry into the defendant’s means has been made and the Magistrate is satisfied that the defendant has or has had sufficient means to pay the sum and that all other methods of enforcing payment of that sum have been considered or tried and it appears to the Magistrate that they are inappropriate or unsuccessful:

“Provided that this section shall not apply in the case of a defendant who is undergoing a sentence of detention in a penal institution:

“Provided further that where pursuant to section 43a of the Criminal Justice Act 1954 the Court has adjudged a defendant to pay a sum of money rather than suffer imprisonment the Magistrate may, if he thinks just having regard to all the circumstances of the case, impose a period of imprisonment or otherwise sentence the defendant to detention or make an order under paragraph (c) of subsection (3) of section 100 of this Act for non-payment of the sum notwithstanding that the defendant has not and has not had sufficient means to pay the same sum.

A warrant of commitment issued under section 100 of this Act shall require that the defendant be imprisoned in some prison for such time as the Magistrate thinks reasonable (not exceeding the appropriate maximum period prescribed by section 103 of this Act), unless the amount adjudged to be paid together with costs of execution, or any less amount directed by the Magistrate in accordance with paragraph (d) of subsection (3) of section 100 of this Act is sooner paid.

The period of imprisonment imposed under this Act or any other Act in respect of the non-payment of any sum adjudged to be paid by a conviction or in respect of the default of sufficient distress to satisfy any such sum shall be such period as, in the opinion of the Court or Magistrate fixing the period, will satisfy the justice of the case, not exceeding—

Where a person is imprisoned under a warrant of commitment for non-payment of any fine or other sum, he may pay or cause to be paid the sum payable under the warrant of commitment, and the Superintendent of the prison in which that person is imprisoned shall, on receiving that sum or on being notified by a Registrar of the payment of that sum, thereupon discharge that person, unless he is in custody for some other matter.

Where an order of the Court is not for the payment of money but for the doing of some other act, and the Court orders that in the case of the defendant’s neglect or refusal to do that act he shall be imprisoned, and the defendant neglects or refuses to do that act, any Magistrate or any Registrar (not being a constable) may issue a warrant of commitment in the the prescribed form. A warrant of commitment under this section shall require that the defendant be imprisoned in some prison for such time as the Court at the hearing may have ordered or as the Magistrate issuing the warrant thinks reasonable, not exceeding in either case the maximum period (if any) prescribed in that behalf by the Act on which the order is founded, or, where no such maximum is prescribed, a period of 2 months.”