Magistrates’ Courts Act 1980

[F1 125D Execution by person not in possession of warrant. E+W

(1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.

(2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.

(3) Subsection (2) above applies to—

(a) a warrant to arrest a person in connection with an offence;

(b) a warrant under section 186(3) of the M1 Army Act 1955, section 186(3) of the M2 Air Force Act 1955, section 105(3) of the M3 Naval Discipline Act 1957 or Schedule 2 to the M4 Reserve Forces Act 1996 (desertion etc.);

(c) a warrant under section 102 or 104 of the M5 General Rate Act 1967 (insufficiency of distress);

(d) a warrant under section 47(8) of the M6 Family Law Act 1996 (failure to comply with occupation order or non-molestation order);

(e) a warrant under paragraph 4 of Schedule 3 to the M7 Crime and Disorder Act 1998 (unwilling witnesses);

(f) a warrant under paragraph 3(2) of Schedule 1 to the M8 Youth Justice and Criminal Evidence Act 1999 (offenders referred to court by youth offender panel); and

(g) a warrant under section 55, 76, 93, 97 or 97A above.

(4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.]

Textual Amendments

F1 S. 125D inserted (19.2.2001) by 1999 c. 22, s. 96 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/168, arts. 1, 2(a) (subject to transitional provisions in art. 3 of that S.I.)

Modifications etc. (not altering text)

C1 Ss. 125-126 applied (temp.) (23.2.2004 and 29.3.2004 for certain purposes, otherwise 5.4.2004 until 31.3.2006) by The Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(3), 10 (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4)

Marginal Citations

M1 1955 c.18.

M2 1955 c.19.

M3 1957 c.53.

M4 1966 c.14.

M5 1967 c.9.

M6 1996 c.27.

M7 1998 c.37.

M8 1999 c.23.