Part VII Miscellaneous and Supplementary

Process

F1125D Execution by person not in possession of warrant.

(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;

F2(b)

a warrant under section 313, 314 or 317 of the Armed Forces Act 2006;

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a warrant under section 47(8) of the M1Family Law Act 1996 (failure to comply with occupation order or non-molestation order);

(e)

a warrant under paragraph 4 of Schedule 3 to the M2Crime and Disorder Act 1998 (unwilling witnesses);

(f)

a warrant under paragraph 3(2) of Schedule 1 to the M3Youth 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 F4, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.