Courts (No. 2) Act, 1991

Amendment of section 23 of Petty Sessions (Ireland) Act, 1851.

1.—(1) Subject to subsection (2) of this section, in all cases of summary jurisdiction whenever an order has been made, upon the conviction of any person for an offence, for the payment of a penal sum or the performance of a condition and the penal sum has not been paid or the condition has not been performed, a warrant of committal to imprisonment for the nonpayment of the penal sum or the nonperformance of the condition may be issued by a justice of the District Court—

(a) not later than six months from the expiration of the time fixed by the said order for the payment of the penal sum or the performance of the condition where—

(i) the said order was made after the passing of this Act, or

(ii) the said order was made before the passing of this Act and the time for the payment of the penal sum or the performance of the condition expired after the passing of this Act, and

(b) not later than six months after the passing of this Act, where the time for the payment of the penal sum or the performance of the condition expired not earlier than the 1st day of July, 1989, and not later than the day before the passing of this Act.

(2) This section shall apply notwithstanding either—

(a) the references in section 23 of the Petty Sessions (Ireland) Act, 1851 , to the times for the issue of any warrant, or

(b) the issue before the passing of this Act of any warrant under the said section 23 for the nonpayment of a penal sum or the nonperformance of a condition.