Issue of Warrants

Question 1

Q: What is a warrant?

Answer 1

A warrant is a document that authorises officers to do something.

Question 2

Q: What Act deals with issuing warrants?

Answer 2

S125 Magistrates’ Court Act 1980

Question 3

Q: What is the law on the execution of a warrant of arrest?

Answer 3

A warrant of arrest issued by a justice of the peace shall remain in force until it is executed or withdrawn, or it ceases to have effect in accordance with rules of court- s125(1)

Question 4

Q: What is the law on other forms of warrant?

Answer 4

A warrant of arrest, warrant of commitment, warrant of detention, warrant of control or search warrant issued by a justice of the peace may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area- s125(2)

Question 5

Q: When and how can an arrest warrant be issued?

Answer 5

An arrest warrant can be issued for a suspect by a justice of the peace if an information in writing is laid before them that a person has committed or is suspected of having committed an offence- s125 (3)
Such warrants can only be issued for persons aged 18 or over if the offence the warrant relates to is an indictable offence or is punishable with imprisonment or the person’s address is not sufficiently established for a summons or written charge and requisition to be served on him- s125 (4)

Question 6

Q: When can an arrest warrant for a witness be issued?

Answer 6

An arrest warrant may be issued by a justice of the peace where they are satisfied that it is in the interests of justice to secure the attendance of a person who could give material evidence or produce any document or thing likely to be material evidence. However, a warrant may only be issued where evidence is given on oath that a summons would not procure the attendance of the person- s97(2) OR
That the person, with no just excuse, has failed to attend court in response to a summons- s 97(3)