Lesson 8 - Warrants Flashcards
Warrant Definition
An authority in writing, issued by:
- a Magistrate, i.e. a Justice of the Peace or Sheriff, or
- Other Competent Person
Directing Police Officers to take a course of action which might not otherwise be lawful.
What are the 7 types of Warrants?
Apprehension Warrants, Means Enquiry Warrant, Extract Conviction Warrant, Witness Warrant, Revocation of Licence, Breach of Home Detention Curfew Warrant, European Arrest Warrants,
What is an Apprehension Warrant?
Written authority to arrest a named person for court
How do you apply for an Apprehension Warrant?
Submit an SPR2 to the PF
Who else can issue an Apprehension Warrant for Children?
Children’s Panel
What is an Means Enquiry Warrant?
Written authority to arrest a named person due to failure to pay fine within the allocated time
What is an Extract Conviction Warrant?
Written authority to arrest a named person due to failure to pay fine which has been issued as an alternative to a prison sentence
What is a Witness Warrant?
Where a witness deliberately and obstructively fails to attend court, the court may issue a warrant to them them brought before the court
What is a Revocation of Licence?
A warrant empowering the Police to arrest a Prisoner if they breach their ‘Conditions of Licence’ when released on parole before completing their full sentence
What is a Breach of Home Detention Curfew Warrant?
Used if a person breaches their Home Detention Curfew by submitting an SPR2
Police Actions
Check: - Accused's personal particulars - Reason for arrest or charge - Remember to check the date of issue - Extent of Police Powers - Signature of issuing authority - The date and court where sentenced If details are incorrect, warrant may be invalid In addition: - Means enquiry
Power of Arrest
It is attached to the warrant, it is not a Section 1 Criminal Justice 2016 power
Power of Entry with Apprehension Warrant
You may force entry into the property if in possession of the warrant.
General checks prior to execution
PNC/CHS Checks Local Voters Role Criminal Intelligence Local Housing Authorities Force Liaison Officers with other Agencies
What are the 4 categories of warrants?
A
B
C
Unclassified
Category A Warrants
All petition warrants
Failure to appear at High Court of Justiciary or Sheriff and Jury
Accused presents a substantial rick to the public
Cases with a sexual element
Warrants agreed as a local priority
Category B Warrants
Not Cat A but involves use or possession of weapons
Not Cat A but racially aggravated or involves religious prejudice
Not Cat A but involves domestic violence
Serious RTA offences
Undue delay warrants
Agreed locally as Cat B
Category B Warrants
All other warrants send for execution
Unclassified Warrants
Unpaid financial penalties
Warrants not sent for execution
Timescales for execution
Category A - Within 21 days
Category B - Within 28 days
Category C - Within 2 months
Unclassified - By local agreement
