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(1)A judgment debtor may be arrested in execution of a decree at any hour and on any day, and shall as soon as practicable be brought before the court, and his or her detention may be in any prison of the district in which the court ordering the detention is situate, or, if such prison does not afford suitable accommodation, in any other place which the Minister may appoint for the detention of persons ordered by the courts of that district to be detained; except that—
(a)for the purpose of making an arrest under this section, no dwelling house shall be entered after sunset and before sunrise;
(b)no outer door of a dwelling house shall be broken open unless the dwelling house is in the occupancy of the judgment debtor and he or she refuses or in any way prevents access to it; but when the officer authorised to make the arrest has duly gained access to any dwelling house, he or she may break open the door of any room in which he or she has reason to believe the judgment debtor is to be found;
(c)if the room is in the actual occupancy of a woman who is not the judgment debtor, and who according to the custom of her community does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest;
(d)where the decree in execution of which a judgment debtor is arrested is a decree for the payment of money and the judgment debtor pays the amount of the decree and the costs of the arrest to the officer arresting him or her, the officer shall at once release him or her.
(2)The Minister may, by statutory instrument, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as he or she may direct.
(3)Where a judgment debtor is arrested in execution of a decree for the payment of money and brought before the court, the court shall inform the judgment debtor that he or she may apply to be declared an insolvent, and that he or she will be discharged if he or she has not committed any act of bad faith regarding the subject of the application and if he or she complies with the law of insolvency for the time being in force.
(4)Where a judgment debtor expresses an intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the court, that he or she will within one month so apply, and that he or she will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he or she was arrested, the court shall release the judgment debtor from arrest, and, if he or she fails so to apply and to appear, the court may either direct the security to be realised or commit the judgment debtor to prison in execution of the decree.
A judgment debtor may be arrested at any hour and on any day in execution of a decree. The arresting officer must bring the debtor before the court as...
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