summons and warrants Flashcards

1
Q

What is requisition

A

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

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2
Q

4 ways to serve a requisition

A
  • Post
  • Leaving summons at an address with reasonable grounds to believe they will receive it
  • Personal service direct to accussed
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3
Q

What is a suitable address

A
  • They have been residing there long enough to serve requisition
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4
Q

When to report someone to court

A

When their is no necessity to arrest

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5
Q

What details are required to report someone to court

A
  • Full name
  • DOB
  • Postal address
  • Verify checks
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6
Q

3 types of warrant

A
  • Arrest
  • Commitment
  • Search
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7
Q

When is an arrest warrant served

A
  • Failure to answer a requisition
  • Failure to appear at court
  • Extradition
  • non-payment of a fine
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8
Q

What does section 125 of magistrates act 1980 state

A

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

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9
Q

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

A

Section 125 magistrates act 1980

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10
Q

4 things to execute an arrest warrant

A
  • Identify yourself
  • Establish the identity of the accused
  • Arrest
  • Caution
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11
Q

4 types of search warrant

A
  • 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
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12
Q

Conditions of a search warrant

A
  • 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
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