Magistrates' Courts Act 1980

Process

123 Defect in process

(1) No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.

(2) If it appears to a magistrates' court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.

124 Process valid notwithstanding death, etc., of justice

A warrant or summons issued by a justice of the peace shall not cease to have effect by reason of his death or his ceasing to be a justice.

125 Warrants

(1) A warrant of arrest issued by a justice of the peace shall remain in force until it is executed or withdrawn.

(2) A warrant of arrest, warrant of commitment, warrant of distress or search warrant issued by a justice of the peace may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area.

This subsection does not apply to a warrant of commitment or a warrant of distress issued under Part VI of the [1967 c. 9.] General Rate Act 1967.

(3) A warrant to arrest a person charged with an offence may be executed by a constable notwithstanding that it is not in his possession at the time; but the warrant shall, on the demand of the person arrested, be shown to him as soon as practicable.

126 Execution of certain warrants outside England and Wales

Sections 12 to 14 of the [1848 c. 42.] Indictable Offences Act 1848 (which relate, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of warrants of arrest for the offences referred to in those sections) shall, so far as applicable, apply to—

(a) warrants of arrest issued under section 1 above for offences other than those referred to in the said sections 12 to 14;

(b) warrants of arrest issued under section 13 above;

(c) warrants of arrest issued under section 97 above other than warrants issued in bastardy proceedings to arrest a witness; and

(d) warrants of commitment issued under this Act.