summons and warrants Flashcards
What is requisition
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
4 ways to serve a requisition
- Post
- Leaving summons at an address with reasonable grounds to believe they will receive it
- Personal service direct to accussed
What is a suitable address
- They have been residing there long enough to serve requisition
When to report someone to court
When their is no necessity to arrest
What details are required to report someone to court
- Full name
- DOB
- Postal address
- Verify checks
3 types of warrant
- Arrest
- Commitment
- Search
When is an arrest warrant served
- Failure to answer a requisition
- Failure to appear at court
- Extradition
- non-payment of a fine
What does section 125 of magistrates act 1980 state
A police officer can execute a warrant without having physical possession of the warrant at the time
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
Section 125 magistrates act 1980
4 things to execute an arrest warrant
- Identify yourself
- Establish the identity of the accused
- Arrest
- Caution
4 types of search warrant
- 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
Conditions of a search warrant
- 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