Sentencing Act 2020

Warrants E+W

24 (1) Sub-paragraph (2) applies where an offender— E+W

(a) is arrested under a warrant issued by virtue of this Schedule, and

(b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates' court other than a youth court.

(3) In the case of a warrant issued by the Crown Court, section 81(5) of the Senior Courts Act 1981 (duty to bring person before magistrates' court) does not apply.

(4) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Modifications etc. (not altering text)

C1 Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 Sch. 7 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 (1) This paragraph applies where the court before which the offender is brought under paragraph 24(2) (“the alternative court”) is not the relevant court. E+W

(2) If the relevant court is a magistrates' court—

(a) the alternative court may—

(i) direct that the offender be released forthwith, or

(ii) remand the offender, and

(b) section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.

(3) If the relevant court is the Crown Court, section 43A of the Magistrates' Courts Act 1980 (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—

(a) the words “issued by the Crown Court” were omitted, and

(b) the reference to section 81(5) of the Senior Courts Act 1981 were a reference to paragraph 24(2)(b).

(4) If the offender is aged under 18, any power conferred by section 43A or 128 of the Magistrates' Courts Act 1980 to remand the offender in custody is to be taken to be a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5) If the court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.

(6) In this paragraph “relevant court” has the same meaning as in paragraph 24.

Commencement Information

I2 Sch. 7 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2