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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 816 Enforcement hearing warrant

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 816

Enforcement hearing warrant

816 Enforcement hearing warrant

(1) A court may issue a warrant in the approved form ordering an enforcement officer to arrest a person and bring the person before the court or, for a Magistrates Court, the Magistrates Court or another Magistrates Court to be examined if the issuing court—
(a) is satisfied that the person was personally served with, or otherwise received, a summons to attend an enforcement hearing; and
(b) considers the person failed to attend the enforcement hearing without sufficient cause.
(2) The power under this rule may only be exercised by a judge, a magistrate or the registrar conducting the enforcement hearing.
(3) An enforcement officer may ask a police officer to help in the exercise of the enforcement officer’s powers under the warrant.
(4) The police officer must give the enforcement officer the reasonable help the enforcement officer requires, if it is practicable to give the help.
(5) The enforcement officer or a police officer may deliver the person to the person in charge of any prison or watchhouse and the person in charge must receive and keep the person delivered in custody until the court or the enforcement officer directs otherwise.
(6) If a warrant is issued by a Magistrates Court directing that a person be brought before another Magistrates Court—
(a) the registrar of the issuing court must send the warrant to the registrar of the other court to give to an enforcement officer; and
(b) the registrar of the court to which the warrant is sent must—
(i) report to the registrar of the issuing court as to the execution of the warrant; and
(ii) send to the registrar of the issuing court the record of any enforcement hearing held and a copy of any order made.