The Criminal Procedure Rules 2011

Information to be included in a warrant

18.4.—(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 1969(1) (remand to local authority accommodation);

(b) section 80 of the Magistrates’ Courts Act 1980(2) (application of money found on defaulter to satisfy sum adjudged); or

(c) section 82(1) or (4) of the 1980 Act(3) (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 Act(4), “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 …”.]

(1)

1969 c. 54; section 23 was substituted by section 60 of the Criminal Justice Act 1991 (c. 53) and amended by section 19 of the Criminal Justice and Public Order Act 1994 (c. 33), sections 97, 119 and 120(2) of, and paragraph 22 of Schedule 8, and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37), section 24 of, and paragraphs 4 and 6 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), section 116 of, and paragraph 3 of Schedule 4 to, the Care Standards Act 2000 (c. 14), sections 130, 132 and 133 of the Criminal Justice and Police Act 2001 (c. 16), section 201 of the Extradition Act 2003 (c. 41), section 304 of, and paragraph 15 of Schedule 32 to, the Criminal Justice Act 2003 (c. 44) and section 4 of the Criminal Defence Service Act 2006 (c. 9).

(2)

1980 c. 43; section 80 was amended by section 33(1) of, and paragraph 83 of Schedule 2 to, the Family Law Reform Act 1987 (c. 42) and is further amended by section 62(3) of, and paragraphs 45 and 49 of the Tribunals, Courts and Enforcement Act 2007 (c. 15), with effect from a date to be appointed.

(3)

1980 c. 43; section 82(1) was amended by section 77 of, and paragraph 52(b) of Schedule 14 to, the Criminal Justice Act 1982 (c. 48) and paragraphs (1) and (2) of Schedule 8 to, the Criminal Justice Act 1988 (c. 33). It is further amended by paragraphs 58 and 63 of Part II of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43), with effect from a date to be appointed.

(4)

1980 c. 43.