Magistrates’ Courts Act 1980

13 Non-appearance of accused: issue of warrant. E+W

(1) Subject to the provisions of this section, where the court, instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, the court may, F1 . . ., issue a warrant for his arrest.

(2) Where a summons has been issued, the court shall not issue a warrant under this section [F2 unless the condition in subsection (2A) below or that in subsection (2B) below is fulfilled].

[F3 (2A) The condition in this subsection is that it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial.

(2B) The condition in this subsection is that—

(a) the adjournment now being made is a second or subsequent adjournment of the trial,

(b) the accused was present on the last (or only) occasion when the trial was adjourned, and

(c) on that occasion the court determined the time for the hearing at which the adjournment is now being made.]

[F4 (3) A warrant for the arrest of any person who has attained the age of 18 shall not be issued under this section unless—

(a) F5 . . . the offence to which the warrant relates is punishable with imprisonment, or

(b) the court, having convicted the accused, proposes to impose a disqualification on him.

(3A) A warrant for the arrest of any person who has not attained the age of 18 shall not be issued under this section unless—

[F6 (a) the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or]

(b) the court, having convicted the accused, proposes to impose a disqualification on him.]

[F7 (4) This section shall not apply to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section.]

(5) Where the court adjourns the trial—

(a) after having, either on that or on a previous occasion, received any evidence or convicted the accused without hearing evidence on his pleading guilty under section 9(3) above; or

(b) after having on a previous occasion convicted the accused without hearing evidence on his pleading guilty under section [F8 12(5)] above,

the court shall not issue a warrant under this section unless it thinks it undesirable, by reason of the gravity of the offence, to continue the trial in the absence of the accused.

Textual Amendments

F1 Words in s. 13(1) repealed (1.9.1998 subject as mentioned in S.I. 1998/1837, art. 4) by 1998 c. 15, s. 3(1); S.I. 1998/1837, arts2, 4

F2 Words in s. 13(2) substituted (4.7.1996 with application where the court proposes to issue a warrant under s. 13 on or after 1.10.1996) by 1996 c. 25, s. 48(2)(4) (with s. 78(1)); S.I. 1996/2343, art. 2

F3 S. 13(2A)(2B) inserted (4.7.1996 with application where the court proposes to issue a warrant under s. 13 on or after 1.10.1996) by 1996 c. 25, s. 48(3)(4) (with s. 78(1)); S.I. 1996/2343, art. 2

F4 S. 13(3)(3A) substituted for s. 13(3) (1.9.1998 subject as mentioned in S.I. 1998/1837, art. 4) by 1998 c. 15, s. 3(2); S.I. 1998/1837, arts2, 4

F5 Words in s. 13(3)(a) omitted (29.1.2004) and repealed (15.12.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. 31(2), 332, 336, Sch. 37 Pt. 12; S.I. 2004/81, art. 4(2)(d); S.I. 2004/3033, art. 3(2)(e)(ii)

F6 S. 13(3A)(a) substituted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 31(3), 336; S.I. 2004/81, art. 4(2)(d)

F7 S. 13(4) substituted (4.9.1995) by 1994 c. 33, s. 45, Sch. 5 para. 3(2); S.I. 1995/1957, art. 4

F8 Words in s. 13(5) substituted (4.9.1995) by 1994 c. 33, s. 45, Sch. 5 para. 3(3); S.I. 1995/1957, art. 4

Modifications etc. (not altering text)

C1 S. 13(1)-(3A)(5) applied (25.8.2000) by 2000 c. 6, ss. 2(5), 168(1)