Vol. 474 No. 6
203 Ms O'Donnell asked the Minister for Justice the number of warrants under petition which have lapsed in each of the past two years; the number of such lapsed warrants under petition which have had to be renewed by the courts; the number of warrants under petition which were finalised in each of the past two years; and if she will make a statement on the matter. [3712/97]
As I have explained to the House on previous occasions, a petition does not place a stay on the order of the District Court judge. Notwithstanding the fact that a petition has been lodged by or on the defendant's behalf, if the fine is not paid within the time allowed by the judge, a warrant will be issued to enforce the court's decision as is the normal procedure in cases where fines are not paid on time. Second 1 (1) of the Courts (No. 2) Act, 1991 provides that a warrant must be issued within six months of the due date of payment of the fine imposed. Statistics in relation to warrants related to fines which are under petition are not maintained.
While there is no statutory requirement on the Garda Síochána to defer enforcement of a warrant in respect of a fine which is under petition, it is normal practice for them to do so upon production of an official acknowledgement of petition and to await the outcome of a petition.
Statistics relating to petitions are maintained by reference to petitions finalised, i.e. either refused or mitigated, rather than penalties petitioned or warrants in respect of such penalties. The number of petitions finalised in 1995 was 818 and 295 in 1996, the majority of which were refused in both years.
