Indictable Offences Act 1848

1848 CHAPTER 42 11 and 12 Vict

An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with indictable Offences.

[14th August 1848]

Modifications etc. (not altering text)

C1 Short title given by Short Titles Act 1896 (c. 14)

C2 Act applied (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 326(1)

C3 Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C4 This Act is not necessarily in the form in which it has effect in Northern Ireland

1—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 1–11, 16–29 repealed by Magistrate's Courts Act 1952 (c. 55), Sch. 6

X1 12 English warrants may be backed in Ireland, and vice versa in the event of parties escaping. Warrant so endorsed to be valid. E+W

If any person against whom a warrant shall be issued in any county, riding, division, liberty, city, borough, or place in England or Wales, by any justice of the peace, or by any judge of [F2 the High Court], or [F3 the Crown Court], for any indictable offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or be, or be supposed or suspected to be, in any county or place in Ireland, or if any person against whom a warrant shall be issued in any county or place in Ireland, by any justice of the peace, or by any judge of [F4 the High Court of Justice in Northern Ireland], or any justice of oyer and terminer or gaol delivery, for any crime or offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or be, or be supposed or suspected to be, in any county, riding, division, liberty, city, borough, or place in England or Wales, it shall and may be lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, to [F5 make an indorsement (K.) on the warrant, signed with his name, authorising the execution of the warrant within the jurisdiction of the justice making the indorsement], or to the like effect; and which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables or other peace officers of the county or place where such warrant shall be so indorsed, to execute the said warrant in the county or place where the justice so indorsing it shall have jurisdiction, by apprehending the person against whom such warrant shall have been granted, and to convey him before the justice or justices who granted the same, or before some other justice or justices of the peace in and for the same county or place, and which said justice or justices before whom he shall be so brought shall thereupon proceed in such manner as if the said person had been apprehended in the said last-mentioned county or place.

Editorial Information

X1 Ss. 12, 14 and 15 repealed as to Republic of Ireland, except in relation to warrants issued in the Republic and duly endorsed in the U.K. before 15.11.1965, and references to Ireland to be construed as references to Northern Ireland only: Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), s. 9(1)(2)

Textual Amendments

F2 Words substituted by virtue of Supreme Court Act 1981 (c. 54, SIF 37), s. 151(5), Sch. 4

F3 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 9

F4 Words substituted by virtue of Supreme Court of Judicature (Ireland) Act 1877 (c. 57), ss. 4, 21(1), Government of Ireland Act 1920 (c. 67), ss. 38, 40, 41 and S.R. & O. 1921/1802 (Rev. XVI, p. 954, 1921, p. 1332), art. (2)1

F5 Words substituted by Magistrates' Courts Act 1952 (c. 55), Sch. 5

Modifications etc. (not altering text)

C5 Ss. 12, 13 and 14 extended (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 126

C6 In s. 12 for any references to justices of oyer and terminer or gaol delivery in Northern Ireland there is substituted a reference to the Crown Court by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 5 Pt. II(1)

C7 S. 12 applied by Magistrates' Courts Act 1952 (c. 55), s. 103; excluded by Criminal Law Act 1977 (c. 45), ss. 38(4), 65(7)

13 English warrants may be backed in the Isles of Man Guernsey, Jersey, Alderney, or Sark, and vice versa. Warrant so endorsed to be valid. E+W

If any person against whom a warrant shall be issued in any county, riding, division, liberty, city, borough, or place in England or Wales, by any justice of the peace, or by any judge of [F6 the High Court], or [F7 the Crown Court], for any indictable offence, shall escape, go into, reside, or be, or be supposed or suspected to be, in any of the Isles of Man, Guernsey, Jersey, Alderney, or Sark, it shall be lawful for any officer within the district into which such accused person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, who shall have jurisdiction to issue any warrant or process in the nature of a warrant for the apprehension of offenders within such district, to indorse (K.) such warrant in the manner herein-before mentioned, or to the like effect; or if any person against whom any warrant, or process in the nature of a warrant, shall be issued in any of the isles aforesaid shall escape, go into, reside, or be, or be supposed or suspected to be, in any county, riding, division, liberty, city, borough, or place in England or Wales, it shall be lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, to indorse (K.) such warrant or process in manner herein-before mentioned; and every such warrant or process so indorsed shall be a sufficient authority to the person or persons bringing the same, and to all persons to whom the same respectively was originally directed, and also to all constables and peace officers in the county, district, or jurisdiction within which such warrant or process shall be so indorsed, to execute the same within the county, district, or place where the justice or officer indorsing the same has jurisdiction, and to convey such offender, when apprehended, into the county or district wherein the justice or person who issued such warrant or process shall have jurisdiction, and carry him before such justice or person, or before some other justice or person within the same county or district who shall have jurisdiction to commit such offender to prison for trial, and such justice or person may thereupon proceed in such and the same manner as if the said offender had been apprehended within his jurisdiction.

Textual Amendments

F6 Words substituted by virtue of Supreme Court Act 1981 (c. 54, SIF 37), s. 151(5), Sch. 4

F7 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 9

Modifications etc. (not altering text)

C8 Ss. 12, 13 and 14 extended (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 126

C9 S. 13 amended by Criminal Justice Administration Act 1851 (c. 55), s. 18 and applied by Magistrates' Courts Act 1952 (c. 55), s. 103

X2 14 English or Irish warrants may be backed in Scotland. Warrant so endorsed to be valid. E+W

If any person against whom a warrant shall be issued by any justice of the peace for any county or place within England or Wales or Ireland, or by any judge of [F8 the High Court] or [F9 justice of oyer and terminer or gaol delivery][F9 the Crown Court] in England or Ireland, for any crime or offence against the laws of those parts respectively of the United Kingdom of Great Britain and Ireland, shall escape, go into, reside, or be, or be supposed or suspected to be, in any place in Scotland, it shall be lawful for the [F10 sheriff principal or sheriff] . . . F11 , or any justice of the peace, of the county or place where such person or persons shall go into, reside, or be, or be supposed or suspected to be, to indorse (K.) the said warrant in manner herein-before mentioned, or to the like effect; which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all sheriffs officers, . . . F11 constables, and other peace officers of the county or place where such warrant shall be so indorsed, to execute the same within the county or place where it shall have been so indorsed, by apprehending the person against whom such warrant shall have been granted, and to convey him into the county or place in England, Wales, or Ireland where the justice or justices who first issued the said warrant shall have jurisdiction in that behalf, and to carry him before such justice or justices, or before any other justice or justices of the peace of and for the same county or place, to be there dealt with according to law, and which said justice or justices are hereby authorized and required thereupon to proceed in such and the same manner as if the said offender had been apprehended within his or their jurisdiction.

Editorial Information

X2 Ss. 12, 14 and 15 repealed as to Republic of Ireland, except in relation to warrants issued in the Republic and duly endorsed in the U.K. before 15.11.1965, and references to Ireland to be construed as references to Northern Ireland only: Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), s. 9(1)(2)

Textual Amendments

F8 Words substituted by virtue of Supreme Court Act 1981 (c. 54, SIF 37), s. 151(5), Sch. 4

F9 Words “the Crown Court” substituted for words from “justice” to “gaol delivery” (E.W.) (S.) by Courts Act 1971 (c. 23), s. 59(5)(e), Sch. 8 para. 9

F10 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F11 Words repealed by Statute Law Revision Act 1891 (c. 67)

Modifications etc. (not altering text)

C10 In s. 12 for any references to justices of oyer and terminer or gaol delivery in Northern Ireland there is substituted a reference to the Crown Court by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 5 Pt. II(1)

C11 Ss. 12, 13 and 14 extended (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 126

X3 15 Scottish warrants may be backed in England or Ireland. Warrant so endorsed to be valid. E+W

If any person against whom a warrant shall be issued by the Lord Justice General, Lord Chief Justice Clerk, or any of the Lords Commissioners of Justiciary, or by any [F12 sheriff principal or sheriff] . . . F13 , or justice of the peace, of Scotland, for any crime or offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or be, or shall be supposed or suspected to be, in any county or place in England or in Ireland, it shall be lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or shall be supposed or suspected to be, to indorse (K.) the said warrant in manner herein-before mentioned; and which said warrant so indorsed shall be a sufficient authority to the person or persons bringing the same, and to all persons to whom the same was originally directed, and also to all constables and other peace officers of the county or place where the justice so indorsing such warrant shall have jurisdiction, to execute the said warrant in the county or place where it is so indorsed, by apprehending the person against whom such warrant shall have been granted, and to convey him into the county or place in Scotland next adjoining to England, and carry him before the [F12 sheriff principal or sheriff] . . . F13 , or one of the justices of the peace, of such county or place, and which said [F12 sheriff principal or sheriff] . . . F13 , or justice of the peace, is hereby authorized and required thereupon to proceed in such and the same manner, according to the rules and practice of the law of Scotland, as if the said offender had been apprehended within such county or place in Scotland last aforesaid.

Editorial Information

X3 Ss. 12, 14 and 15 repealed as to Republic of Ireland, except in relation to warrants issued in the Republic and duly endorsed in the U.K. before 15.11.1965, and references to Ireland to be construed as references to Northern Ireland only: Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), s. 9(1)(2)

Textual Amendments

F12 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F13 Words repealed by Statute Law Revision Act 1891 (c. 67)

Modifications etc. (not altering text)

C12 S. 15 excluded by Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 17(3) 325(3) and by Criminal Law Act 1977 (c. 45) ss. 38(4), 65(7)

16—29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 Ss. 1–11, 16–29 repealed by Magistrate's Courts Act 1952 (c. 55), Sch. 6

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 S. 30 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W

Textual Amendments

F16 S. 31 repealed by Statute Law Revision Act 1964 (c. 79)

32 Extent of Act and saving. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 nothing in this Act shall be deemed or taken to extend to Scotland or Ireland, or to the Isles of Man, Jersey, or Guernsey, save and except the several provisions respectively herein-before contained respecting the backing of warrants,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F17 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1

F18 Words repealed by Courts Act 1971 (c. 23), Sch. 11, Pt. IV

33—35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W

Textual Amendments

F19 Ss. 33–35, Sch. Forms (A.)–(I.), (L.1.)–(T.2.) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

SCHEDULE E+W

(A.)—(I.) E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Ss. 33–35, Sch. Forms (A.)–(I.), (L.1.)–(T.2.) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

(K.) E+W

Indorsement in backing a Warrant E+W

Whereas proof upon oath hath this day been made before to wit. me, one of her Majesty’s justices of the peace for the said [county] of , that the name of J.S., to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned; I do therefore hereby authorize W.T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of , to execute the same within the said last-mentioned [county],* and to bring the said A.B., if apprehended within the same [county], before me, or before some other justice or justices of the peace of the same county, to be dealt with according to law.

Given under my hand, this day of 184 .

J.L.

*The words following this asterisk are to be used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland,& c., or in backing Irish or Scotch warrants,& c. in England.

(L.1.)—(T.2.) E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Ss. 33–35, Sch. Forms (A.)–(I.), (L.1.)–(T.2.) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6