Part IIIE+W Arrest

Modifications etc. (not altering text)

C1Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

[F133 Execution of warrant not in possession of constable.E+W

In section 125 of the M1Magistrates’ Courts Act 1980—

(a)in subsection (3), for the words “arrest a person charged with an offence” there shall be substituted the words “which this subsection applies”;

(b)the following subsection shall be added after that subsection—

(4)The warrants to which subsection (3) above applies are—

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

(b)without prejudice to paragraph (a) above, a warrant under section 186(3) of the M2Army Act 1955, section 186(3) of the M3Air Force Act 1955, section 105(3) of the M4Naval Discipline Act 1957 or Schedule 5 to the M5Reserve Forces Act 1980 (desertion etc.);

(c)a warrant under—

(i)section 102 or 104 of the M6General Rate Act 1967 (insufficiency of distress);

(ii)section 18(4) of the M7Domestic Proceedings and Magistrates’ Courts Act 1978 (protection of parties to marriage and children of family); and

(iii)section 55, 76, 93 or 97 above.]