96 Execution by person not in possession of warrant.U.K.
In the Magistrates’ Courts Act 1980, after section 125C (inserted by section 94 above) insert—
“125D 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;
(b)a warrant under section 186(3) of the M1Army Act 1955, section 186(3) of the M2Air Force Act 1955, section 105(3) of the M3Naval Discipline Act 1957 or Schedule 2 to the M4Reserve Forces Act 1996 (desertion etc.);
(c)a warrant under section 102 or 104 of the M5General Rate Act 1967 (insufficiency of distress);
(d)a warrant under section 47(8) of the M6Family Law Act 1996 (failure to comply with occupation order or non-molestation order);
(e)a warrant under paragraph 4 of Schedule 3 to the M7Crime and Disorder Act 1998 (unwilling witnesses);
(f)a warrant under paragraph 3(2) of Schedule 1 to [F1the Powers of Criminal Courts (Sentencing) Act 2000] (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
F1Words in s. 96 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 204
Commencement Information
I1S. 96 wholly in force; s. 96 not in force at Royal Assent see s. 108; s. 96 in force at 19.2.2001 by S.I. 2001/168, art. 2(a) (subject to transitional provisions in art. 3)
Marginal Citations