Enforcement Warrant Hearings

What is an Enforecement Warrant Hearing?

An enforcement warrant hearing occurs when a person fails to take any action on a seven day notice served under a valid Enforcement Warrant, and does not possess any seizeable assets. The defendant is arrested and enquiries are made by the Sheriff to ascertain if the person is eligible for a Community Work Permit. If that person is not deemed suitable, they’re bailed to appear before a court for an Enforcement Warrant Hearing, or they may be held in custody for up to 24 hours and to be brought before a court within that period.

Where a person is to appear before a Magistrate, he/she must sign an undertaking of bail, and their failure to attend the enforcement warrant hearing will result in the Court issuing a bench warrant for their arrest.

What will happen at an Enforcement Warrant Hearing? 

The Magistrate in an enforcement Warrant Hearing may choose to pursue any of the following options to resolve the matter:

  • partially or fully discharge any infringement fine (including Court fines)
  • partially discharge any infringement fine (including Court fines) and order imprisonment in lieu of payment on the remaining amount
  • make an Instalment Order or Time to Pay Order
  • order a Community Based Order
  • adjourn the hearing for up to six months with conditions attached
  • order imprisonment in lieu of payment. 
Area of Legislation: