SCHEDULE 1
PART 18WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT
Contents of this Part
When this Part applies
rule 18.1
Terms of a warrant for arrest
rule 18.2
Terms of a warrant for detention or imprisonment
rule 18.3
Information to be included in a warrant
rule 18.4
Execution of a warrant
rule 18.5
Warrants that cease to have effect on payment
rule 18.6
Warrant issued when the court office is closed
rule 18.7
[Note. Part 52 contains rules about warrants to take goods to pay fines, etc.]
When this Part applies18.1
1
This Part applies where the court can issue a warrant for arrest, detention or imprisonment.
2
In this Part, ‘defendant’ means anyone against whom such a warrant is issued.
Terms of a warrant for arrest18.2
A warrant for arrest must require the person(s) to whom it is directed to arrest the defendant and—
a
bring the defendant to a court—
i
specified in the warrant, or
ii
required or allowed by law; or
b
release the defendant on bail (with conditions or without) to attend court at a date, time and place—
i
specified in the warrant, or
ii
to be notified by the court.
[Note. The principal provisions under which the court can issue a warrant for arrest are—
a
section 4 of the Criminal Procedure (Attendance of Witnesses) Act 196523;
b
section 7 of the Bail Act 197624;
c
sections 1 and 97 of the Magistrates’ Courts Act 198025; and
d
sections 79, 80 and 81(4), (5) of the Senior Courts Act 198126.
Terms of a warrant for detention or imprisonment18.3
1
A warrant for detention or imprisonment must—
a
require the person(s) to whom it is directed to—
i
arrest the defendant,
ii
take the defendant to any place specified in the warrant, and
iii
deliver the defendant to the custodian of that place; and
b
require that custodian to keep the defendant in custody, as ordered by the court, until in accordance with the law—
i
the defendant is delivered to the appropriate court or place, or
ii
the defendant is released.
2
Where a magistrates’ court remands a defendant to police detention under section 128(7)29 or section 136 of the Magistrates’ Courts Act 198030, or to customs detention under section 152 of the Criminal Justice Act 198831, the warrant it issues must—
a
be directed, as appropriate, to—
i
a constable, or
ii
an officer of Her Majesty’s Revenue and Customs; and
b
require that constable or officer to keep the defendant in custody—
i
for a period (not exceeding the maximum permissible) specified in the warrant, or
ii
until in accordance with the law the defendant is delivered to the appropriate court or place.
[Note. Under section 128(7) of the Magistrates’ Courts Act 1980, a magistrates’ court can remand a defendant to police detention for not more than 3 clear days.
Under section 136 of the 1980 Act, a magistrates’ court can order a defendant’s detention in police custody until the following 8 am for non-payment of a fine, etc.
Under section 152 of the Criminal Justice Act 1988, a magistrates’ court can remand a defendant to customs detention for not more than 192 hours if the defendant is charged with a drug trafficking offence.]
Information to be included in a warrant18.4
1
A warrant must identify—
a
the person(s) to whom it is directed;
b
the defendant against whom it was issued;
c
the reason for its issue;
d
the court that issued it, unless that is otherwise recorded by the court officer; and
e
the court office for the court that issued it.
2
A warrant for detention or imprisonment must contain a record of any decision by the court under—
a
section 23 of the Children and Young Persons Act 196932 (remand to local authority accommodation);
b
section 80 of the Magistrates’ Courts Act 198033 (application of money found on defaulter to satisfy sum adjudged); or
c
section 82(1) or (4) of the 1980 Act34 (conditions for issue of a warrant).
3
A warrant that contains an error is not invalid, as long as—
a
it was issued in respect of a lawful decision by the court; and
b
it contains enough information to identify that decision.
[Note. See section 23(8) of the Children and Young Persons Act 1969. Under section 23 of that Act, the court can remand a person aged between 12 and 18 years to secure accommodation, if it decides that the prescribed conditions are met.
Under section 80 of the Magistrates’ Courts Act 1980, the court may decide that any money found on the defendant must not be applied towards payment of the sum for which a warrant is issued under section 76 of that Act (enforcement of sums adjudged to be paid).
See section 82(6) of the 1980 Act. Under section 82(1) and (4), the court may only issue a warrant for the defendant’s imprisonment for non-payment of a sum due where it finds that the prescribed conditions are met.
Under section 123 of the 1980 Act35, “no objection shall be allowed to any … warrant to procure the presence of the defendant, for any defect in it in substance or in form …”.]
Execution of a warrant18.5
1
A warrant may be executed—
a
by any person to whom it is directed; or
b
2
The person who executes a warrant must—
a
explain, in terms the defendant can understand, what the warrant requires, and why;
b
show the defendant the warrant, if that person has it; and
c
if the defendant asks—
i
arrange for the defendant to see the warrant, if that person does not have it, and
ii
show the defendant any written statement of that person’s authority required by section 125A or 125B of the 1980 Act.
3
The person who executes a warrant of arrest that requires the defendant to be released on bail must—
a
make a record of—
i
the defendant’s name,
ii
the reason for the arrest,
iii
the defendant’s release on bail, and
iv
when and where the warrant requires the defendant to attend court; and
b
serve the record on—
i
the defendant, and
ii
the court officer.
4
The person who executes a warrant of detention or imprisonment must—
a
take the defendant—
i
to any place specified in the warrant, or
ii
if that is not immediately practicable, to any other place at which the defendant may be lawfully detained (and the warrant then has effect as if it specified that place);
b
obtain a receipt from the custodian; and
c
notify the court officer that the defendant has been taken to that place.
[Note. Under section 125 of the Magistrates’ Courts Act 1980, a warrant issued by a magistrates’ court may be executed by any person to whom it is directed or by any constable acting within that constable’s police area.
Certain warrants issued by a magistrates’ court may be executed anywhere in England and Wales by a civilian enforcement officer, under section 125A of the 1980 Act; or by an approved enforcement agency, under section 125B of the Act. In either case, the person executing the warrant must, if the defendant asks, show a written statement indicating: that person’s name; the authority or agency by which that person is employed, or in which that person is a director or partner; that that person is authorised to execute warrants; and, where section 125B applies, that the agency is registered as one approved by the Lord Chancellor.
See also section 125D of the 1980 Act39, under which—
a
a warrant to which section 125A applies may be executed by any person entitled to execute it even though it is not in that person’s possession at the time; and
b
certain other warrants, including any warrant to arrest a person in connection with an offence, may be executed by a constable even though it is not in that constable’s possession at the time.]
Warrants that cease to have effect on payment18.6
1
This rule applies to a warrant issued by a magistrates’ court under any of the following provisions of the Magistrates’ Courts Act 1980—
a
section 7640 (enforcement of sums adjudged to be paid);
b
section 8341 (process for securing attendance of offender);
c
section 8642 (power of magistrates’ court to fix day for appearance of offender at means inquiry, etc.);
d
section 13643 (committal to custody overnight at police station for non-payment of sum adjudged by conviction).
2
The warrant no longer has effect if—
a
the sum in respect of which the warrant was issued is paid to the person executing it;
b
that sum is offered to, but refused by, that person; or
c
that person is shown a receipt for that sum given by—
i
the court officer, or
ii
the authority to which that sum is due.
[Note. See sections 7944 and 125(1) of the Magistrates’ Courts Act 1980.]
Warrant issued when the court office is closed18.7
1
This rule applies where the court issues a warrant when the court office is closed.
2
The applicant for the warrant must, not more than 72 hours later, serve on the court officer—
a
a copy of the warrant; and
b
any written material that was submitted to the court.