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PART 10E+WCourt procedure and practice

CHAPTER 11E+WEnforcement procedures

Warrants under section 236E+W

235.—(1) When a person (‘P’) is arrested under a warrant issued under section 236 of the IA 1986, the officer arresting P must as soon as is reasonably practicable bring P before the court issuing the warrant in order that P may be examined.

(2) If P cannot immediately be brought up for examination, the officer must deliver P into the custody of the governor of the prison named in the warrant (or where that prison is not able to accommodate P, the governor of such other prison with appropriate facilities which is able to accommodate P), who must keep that person in custody and produce P before the court as it may from time to time direct.

(3) After arresting P, the officer must as soon as is reasonably practicable report to the court the arrest or delivery into custody (as the case may be) of P and apply to the court to fix a venue for P’s examination.

(4) The court must appoint the earliest practicable time for the examination, and must—

(a)direct the governor of the prison to produce P for examination at the time and place appointed, and

(b)as soon as is reasonably practicable give notice of the venue to the person who applied for the warrant.

(5) Any property in P’s possession which may be seized must be—

(a)lodged with, or otherwise dealt with as instructed by, whoever is specified in the warrant as authorised to receive it, or

(b)kept by the officer seizing it pending the receipt of written orders from the court as to its disposal,

as may be directed by the court.

Commencement Information

I1Rule 235 in force at 12.11.2021, see rule 2