PART 18WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

Contents of this Part

When this Part applies

rule 18.1

Terms of a warrant for arrest

rule 18.2

Terms of a warrant for detention or imprisonment

rule 18.3

Information to be included in a warrant

rule 18.4

Execution of a warrant

rule 18.5

Warrants that cease to have effect on payment

rule 18.6

Warrant issued when the court office is closed

rule 18.7

[Note. Part 52 contains rules about warrants to take goods to pay fines, etc.]

When this Part applies18.1.

(1)

This Part applies where the court can issue a warrant for arrest, detention or imprisonment.

(2)

In this Part, ‘defendant’ means anyone against whom such a warrant is issued.

Terms of a warrant for arrest18.2.

A warrant for arrest must require each person to whom it is directed to arrest the defendant and—

(a)

bring the defendant to a court—

(i)

specified in the warrant, or

(ii)

required or allowed by law; or

(b)

release the defendant on bail (with conditions or without) to attend court at a date, time and place—

(i)

specified in the warrant, or

(ii)

to be notified by the court.

[Note. The principal provisions under which the court can issue a warrant for arrest are—

(a)

section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965314;

(b)

section 7 of the Bail Act 1976315;

(c)

sections 1 and 97 of the Magistrates’ Courts Act 1980316; and

(d)

sections 79, 80 and 81(4), (5) of the Senior Courts Act 1981317.
See also section 27A of the Magistrates’ Courts Act 1980318 (power to transfer criminal proceedings) and section 78(2) of the Senior Courts Act 1981319 (adjournment of Crown Court case to another place).]

Terms of a warrant for detention or imprisonment18.3.

(1)

A warrant for detention or imprisonment must—

(a)

require each person to whom it is directed to detain the defendant and—

(i)

take the defendant to any place specified in the warrant or required or allowed by law, and

(ii)

deliver the defendant to the custodian of that place; and

(b)

require that custodian to detain the defendant, as ordered by the court, until in accordance with the law—

(i)

the defendant is delivered to the appropriate court or place, or

(ii)

the defendant is released.

(2)

Where a magistrates’ court remands a defendant to police detention under section 128(7)320 or section 136321 of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988322, the warrant it issues must—

(a)

be directed, as appropriate, to—

(i)

a constable, or

(ii)

an officer of Her Majesty’s Revenue and Customs; and

(b)

require that constable or officer to detain the defendant—

(i)

for a period (not exceeding the maximum permissible) specified in the warrant, or

(ii)

until in accordance with the law the defendant is delivered to the appropriate court or place.

[Note. Under section 128(7) of the Magistrates’ Courts Act 1980, a magistrates’ court can remand a defendant to police detention for not more than 3 clear days, if the defendant is an adult, or for not more than 24 hours if the defendant is under 18.

Under section 136 of the 1980 Act, a magistrates’ court can order a defendant’s detention in police custody until the following 8am for non-payment of a fine, etc.

Under section 152 of the Criminal Justice Act 1988, a magistrates’ court can remand a defendant to customs detention for not more than 192 hours if the defendant is charged with a drug trafficking offence.]

Information to be included in a warrant18.4.

(1)

A warrant must identify—

(a)

each person to whom it is directed;

(b)

the defendant against whom it was issued;

(c)

the reason for its issue;

(d)

the court that issued it, unless that is otherwise recorded by the court officer; and

(e)

the court office for the court that issued it.

(2)

A warrant for detention or imprisonment must contain a record of any decision by the court under—

(a)

section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012323 (remands of children otherwise than on bail), including in particular—

(i)

whether the defendant must be detained in local authority accommodation or youth detention accommodation,

(ii)

the local authority designated by the court,

(iii)

any requirement imposed by the court on that authority,

(iv)

any condition imposed by the court on the defendant, and

(v)

the reason for any such requirement or condition;

(b)

section 80 of the Magistrates’ Courts Act 1980324 (application of money found on defaulter to satisfy sum adjudged); or

(c)

section 82(1) or (4) of the 1980 Act325 (conditions for issue of a warrant).

(3)

A warrant that contains an error is not invalid, as long as—

(a)

it was issued in respect of a lawful decision by the court; and

(b)

it contains enough information to identify that decision.

[Note. See sections 93(7) and 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Under section 91 of the Act, instead of granting bail to a defendant under 18 the court may—

(a)

remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or

(b)

remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.

Under section 80 of the Magistrates’ Courts Act 1980, the court may decide that any money found on the defendant must not be applied towards payment of the sum for which a warrant is issued under section 76 of that Act (enforcement of sums adjudged to be paid).

See section 82(6) of the 1980 Act. Under section 82(1) and (4), the court may only issue a warrant for the defendant’s imprisonment for non-payment of a sum due where it finds that the prescribed conditions are met.

Under section 123 of the 1980 Act326, “no objection shall be allowed to any … warrant to procure the presence of the defendant, for any defect in it in substance or in form …”.]

Execution of a warrant18.5.

(1)

A warrant may be executed—

(a)

by any person to whom it is directed; or

(b)

if the warrant was issued by a magistrates’ court, by anyone authorised to do so by section 125327 (warrants), 125A328 (civilian enforcement officers) or 125B329 (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980.

(2)

The person who executes a warrant must—

(a)

explain, in terms the defendant can understand, what the warrant requires, and why;

(b)

show the defendant the warrant, if that person has it; and

(c)

if the defendant asks—

(i)

arrange for the defendant to see the warrant, if that person does not have it, and

(ii)

show the defendant any written statement of that person’s authority required by section 125A or 125B of the 1980 Act.

(3)

The person who executes a warrant of arrest that requires the defendant to be released on bail must—

(a)

make a record of—

(i)

the defendant’s name,

(ii)

the reason for the arrest,

(iii)

the defendant’s release on bail, and

(iv)

when and where the warrant requires the defendant to attend court; and

(b)

serve the record on—

(i)

the defendant, and

(ii)

the court officer.

(4)

The person who executes a warrant of detention or imprisonment must—

(a)

take the defendant—

(i)

to any place specified in the warrant, or

(ii)

if that is not immediately practicable, to any other place at which the defendant may be lawfully detained (and the warrant then has effect as if it specified that place);

(b)

obtain a receipt from the custodian; and

(c)

notify the court officer that the defendant has been taken to that place.

[Note. Under section 125 of the Magistrates’ Courts Act 1980, a warrant issued by a magistrates’ court may be executed by any person to whom it is directed or by any constable acting within that constable’s police area.

Certain warrants issued by a magistrates’ court may be executed anywhere in England and Wales by a civilian enforcement officer, under section 125A of the 1980 Act; or by an approved enforcement agency, under section 125B of the Act. In either case, the person executing the warrant must, if the defendant asks, show a written statement indicating: that person’s name; the authority or agency by which that person is employed, or in which that person is a director or partner; that that person is authorised to execute warrants; and, where section 125B applies, that the agency is registered as one approved by the Lord Chancellor.

See also section 125D of the 1980 Act330, under which—

(a)

a warrant to which section 125A applies may be executed by any person entitled to execute it even though it is not in that person’s possession at the time; and

(b)

certain other warrants, including any warrant to arrest a person in connection with an offence, may be executed by a constable even though it is not in that constable’s possession at the time.]

Warrants that cease to have effect on payment18.6.

(1)

This rule applies to a warrant issued by a magistrates’ court under any of the following provisions of the Magistrates’ Courts Act 1980—

(a)

section 76331 (enforcement of sums adjudged to be paid);

(b)

section 83332 (process for securing attendance of offender);

(c)

section 86333 (power of magistrates’ court to fix day for appearance of offender at means inquiry, etc.);

(d)

section 136334 (committal to custody overnight at police station for non-payment of sum adjudged by conviction).

(2)

The warrant no longer has effect if—

(a)

the sum in respect of which the warrant was issued is paid to the person executing it;

(b)

that sum is offered to, but refused by, that person; or

(c)

that person is shown a receipt for that sum given by—

(i)

the court officer, or

(ii)

the authority to which that sum is due.

[Note. See sections 79335 and 125(1) of the Magistrates’ Courts Act 1980.]

Warrant issued when the court office is closed18.7.

(1)

This rule applies where the court issues a warrant when the court office is closed.

(2)

The applicant for the warrant must, not more than 72 hours later, serve on the court officer—

(a)

a copy of the warrant; and

(b)

any written material that was submitted to the court.