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SENTENCING ACT 1991 - SECT 69M Warrant to seize property returned unsatisfied

SENTENCING ACT 1991 - SECT 69M

Warrant to seize property returned unsatisfied

    (1)     If the person executing a warrant to seize property issued under section 69H(2)(c) or  69L(2) returns that he or she cannot find sufficient personal property of the offender on which to levy the sums named in the warrant together with all lawful costs of execution, the court may issue a summons requiring the offender to attend before it on a specified date and at a specified place.

    (2)     If an offender fails to attend as required by a summons issued under subsection (1), the court may issue a warrant to arrest against him or her.

    (3)     On an offender attending before it under this section, or in his or her absence if the court is satisfied that the summons has been served, the court may order that he or she be imprisoned for a term fixed in accordance with section 69N.

    (4)     Instead of fixing a term of imprisonment under subsection (3) the court may, if satisfied that in all the circumstances of the case it is appropriate to do so, make a fine default unpaid community work order requiring the offender to perform unpaid community work for a number of hours fixed in accordance with section 69O.

    (5)     In applying section 69N or 69O for the purposes of this section, the costs of execution must not be taken into account.

Division 6—Calculation of period of imprisonment or unpaid community work

S. 69N inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).