The Magistrates' Courts Rules 1981

WARRANT E+W

Committal to custody to be by warrant E+W

F1 94.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Rules 91-94 omitted (28.6.2021) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(12)(m)

[F2 Form of warrants issued by magistrates’ courts E+W

95.— (1) A warrant of arrest must identify—

(a) each person to whom it is directed;

(b) the person against whom it was issued;

(c) the reason for its issue;

(d) the ground in relation to which it was issued;

(e) the court that issued it; and

(f) the court office for the court that issued it.

(2) Except where any enactment provides otherwise, a warrant issued by a magistrates’ court need not bear the name of the justice or other person issuing it, provided that the designated officer has recorded the name of that justice or other person.]

Textual Amendments

F2 Rule 95 substituted (1.1.2020) by The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 5 (with rule 11(1))

[F3 Warrant issued out of hours E+W

95A.   Where a warrant is issued by a justice of the peace for any [F4 local justice area] at a time when the office of [F5 the [F6 designated officer] for that area] is closed, the applicant for the warrant shall within 72 hours [F7 serve upon the [F6 designated officer]] any information on which the warrant was issued.]

Textual Amendments

F3 Rule 95A inserted (24.5.1993) by The Magistrates' Courts (Miscellaneous Amendments) Rules 1993 (S.I. 1993/1183), rules 1, 3(g)

F4 Words in rule 95A substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 82

F5 Words in rule 95A substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 22(a)

F6 Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F7 Words in rule 95A substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 22(b)

Modifications etc. (not altering text)

C1 Rule 95A replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.2 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Warrant of arrest E+W

96.—(1) A warrant issued by a justice of the peace for the arrest of any person shall require the persons to whom it is directed, that is to say, the constables of the police area in which the warrant is issued, or [F8 the [F9 civilian enforcement officers] for the area in which they are employed], or any persons named in that behalf in the warrant, to arrest the person against whom the warrant is issued.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (3) A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a) a constable for any police area in England and Wales, acting in his own police area;

(b) where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c) where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(4) A person executing a warrant of arrest shall, upon arresting the person against whom the warrant is issued—

(a) either

(i) if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii) otherwise, state where the warrant is and what arrangements may be made to allow the person arrested to inspect it;

(b) explain, in ordinary language, the offence or default with which the person is charged and the reason for the arrest;

(c) where the person executing the warrant is one of the persons referred to in paragraph (3)(b) or (c) above, show the person arrested a written statement under section 125A(4) or 125B(4) as appropriate; and

(d) in any case, show documentary proof of his identity.

(5) A warrant of arrest issued under any of the provisions in paragraph (6) shall cease to have effect when—

(a) the sum in respect of which the warrant is issued is paid to the person charged with the execution of the warrant;

(b) that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c) a receipt for that sum given by—

(i) the [F6 designated officer] for the court which issued the warrant; or

(ii) the charging or billing authority,

is produced to the person charged with the execution of the warrant.

(6) Those provisions are—

(a) sections 83(1), 83(2), 86(4) and 93(5) of the Act of 1980;

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) regulation 17(5)(b) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989; and

(d) regulation 48(5)(b) of the Council Tax (Administration and Enforcement) Regulations 1992.]

Textual Amendments

F6 Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F8 Words in rule 96(1) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)

F9 Words in rule 96(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 6(1)

F10 Rule 96(2) omitted (1.1.2020) by virtue of The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 6 (with rule 11(1))

F11 Rule 96(3)-(6) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 6(2)

F12 Rule 96(6)(b) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 40

Modifications etc. (not altering text)

C2 Rule 96 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Commencement Information

I1 Rule 96 in force at 6.7.1981, see rule 1(1)

Warrant of commitment E+W

97.—(1) A warrant of commitment [F13 or detention] [F14 , other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,] issued by a justice of the peace—

(a) shall name or otherwise describe the person committed [F15 or detained];

(b) shall contain a statement of the offence with which the person committed [F15 or detained] is charged, or of which he has been convicted, or of any other ground on which he is committed;

(c) shall be directed to a person named in the warrant or to the constables of the police area in which the warrant is issued or to [F16 the [F17 civilian enforcement officers] for the area in which they are employed] and to the governor or keeper of the prison or place of detention specified in the warrant, and shall require—

(i) the named person or the constables or [F17 civilian enforcement officers] to arrest the person committed [F15 or detained], if he is at large, and convey him to that prison or place and deliver him with the warrant to the governor or keeper;

(ii) the governor or keeper to keep in his custody the person committed [F15 or detained] until that person be delivered in due course of law, or until the happening of an event specified in the warrant, or for the period specified in the warrant, as the case may be.

[F18 (1A) A warrant issued by a justice of the peace committing a person to customs detention under section 152 of the Criminal Justice Act 1988–

(a) shall name or otherwise describe the person committed;

(b) shall contain a statement of the offence with which the person committed is charged;

(c) shall be directed to the officers of Her Majesty’s Customs and Excise and shall require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered in due course of law, for a period (not exceeding 192 hours) specified in the warrant.]

[F19 (1B) A warrant of commitment or detention other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988 may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a) a constable for any police area in England and Wales, acting in his own police area;

(b) where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c) where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(1C) A person executing a warrant of commitment or detention shall, upon arresting the person against whom the warrant is issued—

(a) either

(i) if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii) otherwise, state where the warrant is and what arrangements may be made to allow the person against whom the warrant was issued to inspect it;

(b) explain, in ordinary language, the offence or default with which the person is charged and the reason for the commitment or detention;

(c) where the person executing the warrant is one of the persons referred to in paragraph (1B)(b) or (c) above, show the person against whom the warrant was issued a written statement under section 125A(4) or 125B(4) as appropriate; and

(d) in any case, show documentary proof of his identity.]

(2) A warrant of commitment [F20 or detention] [F21 , other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,] may be executed by conveying the person committed [F22 or detained] to any prison or place of detention in which he may lawfully be detained and delivering him there together with the warrant; and, so long as any person is detained in any such prison or place other than that specified in the warrant , the warrant shall have effect as if that other prison or place were the prison or place specified in it.

(3) Notwithstanding the preceding provisions of this rule, a warrant of commitment [F23 or detention] issued in pursuance of a valid conviction, or of a valid order requiring the person committed [F24 or detained] to do or abstain from doing anything, shall not, if it alleges that the person committed [F24 or detained] has been convicted, or ordered to do or abstain from doing that thing, be held void by reason of any defect in the warrant.

(4) The governor or keeper of the prison or place of detention at which any person is delivered in pursuance of a warrant of commitment [F25 or detention] shall give to the constable or other person making the delivery a receipt for that person.

(5) Notwithstanding the preceding provisions of this rule, a warrant of a justice of the peace to commit to custody any person who to the justice's knowledge is already detained in a prison or other place of detention shall be delivered to the governor or keeper of the prison or place of detention in which that person is detained.

[F26 (6) A warrant of commitment or detention issued under any of the provisions in paragraph (7) shall cease to have effect if, at any time before the person for whose commitment or detention the warrant was issued is placed in custody—

(a) the sum in respect of which the warrant is issued, together with the costs and charges, if any, of the commitment, is paid to the person charged with the execution of the warrant;

(b) that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c) a receipt for that sum given by—

(i) the [F6 designated officer] for the court which issued the warrant; or

(ii) the charging or billing authority,

is produced to the person charged with the execution of the warrant.

(7) Those provisions are:

(a) sections 76 and 136 of the Act of 1980;

(b) section 40 of the Child Support Act 1991;

F27 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) regulation 16(3)(a) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989; and

(e) regulation 47(3)(a) of the Council Tax (Administration and Enforcement) Regulations 1992.

(8) A warrant of commitment issued for the enforcement of a maintenance order to which Part I of the Maintenance Orders Act 1958 applies shall cease to have effect if, at any time when the defendant is not already detained in pursuance of the warrant, the person charged with the execution of the warrant is informed—

(a) that an application for registration of the order has been granted under section 2 of the Maintenance Orders Act 1958; or

(b) that notice seeking the cancellation of such registration has been given under section 5 of that Act.]

Textual Amendments

F6 Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F13 Words in rule 97(1) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(a)

F14 Words in rule 97(1) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(g)

F15 Words in rule 97(1) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(b)

F16 Words in rule 97(1)(c) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)

F17 Words in rule 97(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(c)

F18 Rule 97(1A) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(h)

F19 Rule 97(1B)(1C) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(2)

F20 Words in rule 97(2) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)

F21 Words in rule 97(2) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(i)

F22 Words in rule 97(2) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(b)

F23 Words in rule 97(3) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)

F24 Words in rule 97(3) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(b)

F25 Words in rule 97(4) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)

F26 Rule 97(6)-(8) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(4)

F27 Rule 97(7)(c) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 41

Modifications etc. (not altering text)

C3 Rule 97 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.6 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Commencement Information

I2 Rule 97 in force at 6.7.1981, see rule 1(1)