Execution of Warrants Flashcards
Q: What is the law on the execution of warrants?
Criminal Procedure Rules 2020, rule 13.5
(1) A warrant may be executed –
(a) By any person to whom it is directed; or
(b) Any specific authorised person
(2) The person who executes a warrant must –
(a) Explain, in terms D can understand, what the warrant requires, and why
(b) Show D the warrant if that person has it and
(c) If D asks
Arrange for D to see the warrant if that person doesn’t have it
Show D any written statement of that person’s authority
Q: Where can warrants be executed?
Most warrants issued by Magistrates’ may be executed anywhere in England and Wales by a civilian enforcement officer or by an approved enforcement agency, as well as by constables
Q: What are police search powers when executing a warrant of arrest?
S17 and s117 PACE
To execute arrest warrants issued in connection with criminal proceedings or warrants of commitment, a constable may enter and search any premises where he or she has reasonable grounds for believing the person sought is on the premises.
The search may only be to the extent required and is restricted to the parts of the premises where the constable reasonably believes the person may be.
Q: What are the search powers for civilian enforcement officers and approved enforcement agencies?
Civilian enforcement officers and approved enforcement agencies may be authorised to enter and search premises for the purposes of executing a warrant (for or in connection with any criminal offence), only to the extent reasonably required, and where they have reasonable grounds for believing the person is on the premises (sch. 4A to the 1980 Act)
Q: What must a person who executes a warrant of arrest requiring bail make a record of?
Criminal Procedure Rules 2020 rules 13.5(3) states that a person who executes a warrant of arrest requiring D to be released on bail must make a record of:
- D’s name
- Reason for the arrest
- D’s release on bail; and
- When and where the warrant requires D to attend court; and
Serve the record on D and the court
Q: What must a person arrest under warrant be told?
S28 PACE- Where a person is arrested by a constable under warrant, they must be informed of the reason for their arrest and the fact that the constable is acting under warrant.
Q: What must a warrant for detention or imprisonment also include?
Rule 13.4(3) provides that a warrant for detention or imprisonment must include such an indication of D’s physical and mental health as may be needed to alert those to whom the warrant is directed;
(a) To any vulnerability of D.
(b) To any risk to others that may be posed by D.
Q: What is the law on disclosing information for enforcing warrants?
Magistrates’ Courts Act 1980 s125 states:
(1) A magistrates’ court may make a disclosure order if satisfied that it is necessary to do so for the purpose of executing a warrant to which this section applies.
(2) This section applies to a warrant of arrest, commitment, detention or control issued by a justice of the peace in connection with the enforcement of a fine or other order imposed or made on conviction.
(3) A disclosure order is an order requiring the person to whom it is directed to supply the designated officer for the court with any of the following information about the person to whom the warrant relates—
(a) his name, date of birth or national insurance number;
(b) his address (or any of his addresses).
(4) A disclosure order may be made only on the application of a person entitled to execute the warrant.
Q: What is the offence under s125C(4) Mag’s Court Act 1980 on intentionally or recklessly disclosing information?
It is an offence to intentionally or recklessly disclose info supplied to him otherwise than is permitted in (3) or use info supplied otherwise than for the purpose of facilitating the enforcement of the s125A(1) warrant.
It is NOT an offence to disclose any info in accordance with any enactment or order of a court, or to disclose any info which has previously been lawfully disclosed to the public (s125C(5)).
Q: What about the execution of warrants in places outside of the UK?
A warrant issued in England and Wales or Northern Ireland for the arrest of a person charged with an offence, may be executed in Scotland by any constable of any police force of the county of issue or of the country of execution or by a constable of the BTP or any other person specified within the warrant.
A warrant issued in Scotland or Northern Ireland for the arrest of a person may be executed in England and Wales by any such person in the same way.
There is cross-border enforcement!
Q: What about the execution of warrants in the Isle of Man or Channel Islands?
Warrants from the Isle of Man or Channel Islands may be executed in England and Wales if they have been endorsed by a justice of the peace.
Arrest warrants don’t need to be endorsed if they are issued in any part of the UK- England, Wales, Scotland and Northern Ireland.
However, they do need to be endorsed if issued from the Isle of Man and Channel Islands as they are NOT part of the UK.
