Summons and Warrants

Question 1

What is requisition

Answer 1

Written order to an accused person signed by magistrate or court clerk which directs a persons attendance to court on a given date and time to answer specified charges via post

Question 2

4 ways to serve a requisition

Answer 2

• Post
• Leaving summons at an address with reasonable grounds to believe they will receive it
• Personal service direct to accussed

Question 3

What is a suitable address

Answer 3

• They have been residing there long enough to serve requisition

Question 4

When to report someone to court

Answer 4

When their is no necessity to arrest

Question 5

What details are required to report someone to court

Answer 5

• Full name
• DOB
• Postal address
• Verify checks

Question 6

3 types of warrant

Answer 6

• Arrest
• Commitment
• Search

Question 7

When is an arrest warrant served

Answer 7

• Failure to answer a requisition
• Failure to appear at court
• Extradition
• non-payment of a fine

Question 8

What does section 125 of magistrates act 1980 state

Answer 8

A police officer can execute a warrant without having physical possession of the warrant at the time

Question 9

What section and act is the power that a police officer can execute a warrant without having physical possession of the warrant at the time

Answer 9

Section 125 magistrates act 1980

Question 10

4 things to execute an arrest warrant

Answer 10

• Identify yourself
• Establish the identity of the accused
• Arrest
• Caution

Question 11

4 types of search warrant

Answer 11

• Section 8 pace 1984 - Search for evidence of an indictable offence
• Section 26 theft act 1968 - search for stolen property
• Section 23 misuse of drugs act 1971 - search for controlled drugs
• Schedule 5 terrorism act 2000

Question 12

Conditions of a search warrant

Answer 12

• Only enter once per warrant
• Within 3 months of issue date
• Occupier shown and provided copy of warrant
• Original warrant is returned to court when completed or 3 months is up