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Committal/Penal Warrant

  • 06-10-2016 8:32pm
    #1
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭


    I was reading something on RTÉ and I noticed committal and penal warrants mentioned in a way that would suggest that they are seperate types of warrants.

    This got me thinking as I always understood we had no such type as a penal warrant, a quick Google search seems to suggest that we have several types of warrants, such as bench, committal and penal.

    My brother (who is a Guard) and most Google returns suggest we do indeed have penal warrants, but statute does not seem to agree.

    My understanding is that strictly speaking there is no such thing as a penal warrant, that it's more of a term used to describe a committal or execution warrant issued in default of a non pyment of a court imposed fine than actually being a "penal warrant", meaning officially we don't have penal warrants. Is my understanding correct?


Comments

  • #2
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    I don't think so. A penal warrant allows for the Garda to collect the money instead of committing the person to prison. I'll have to check when I go back into work but I think they are worded differently and even titled differently. We also have estreatment warrants now which are penal warrants for bail money. I believe they were added a few years ago after a prisoner won a case against Cloverhill because a simple penal warrant did not provide enough information.


  • #3
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Little CuChulainn wrote: »
    I don't think so. A penal warrant allows for the Garda to collect the money instead of committing the person to prison. I'll have to check when I go back into work but I think they are worded differently and even titled differently. We also have estreatment warrants now which are penal warrants for bail money. I believe they were added a few years ago after a prisoner won a case against Cloverhill because a simple penal warrant did not provide enough information.

    Don't we have Estreatment Orders and Warrants of Distress (which can enforce the estreatment order), but not Penal Warrants.


  • #4
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    GM228 wrote: »
    Don't we have Estreatment Orders and Warrants of Distress (which can enforce the estreatment order), but not Penal Warrants.

    I think distress warrants are completely done away with now. As I said, I'll have to check next time I'm in work to be sure about the others.


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