Unit 3 Flashcards
Define warrant
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.
Define apprehension warrant?
Arrest warrant.
Written authority to arrest a named person and bring them before the issuing or other competent court without delay.
S135 Criminal Procedure (Scotland) Act 1995 - gives authority where necessary for its execution, to break open lock fast places.
Some instances may grant further powers as specified on the warrant.
Define Means Enquiry Warrant?
A person has been fined for a crime or offence and has FAILED TO PAY THE FINE WITHIN A STIPULATED PERIOD.
Warrant empowers the police to either collect the outstanding fine or to arrest the offender to bring them before the court for enquiry into their means to pay the fine.
Court will assess personal circumstances and may allow more time to pay.
No authority to force entry
Define Extract Conviction Warrants?
Where an offender has failed to pay an outstanding fine and an alternative prison sentence has been imposed.
Police can collect the outstanding fine or they are authorised to arrest the offender and convey them straight to an appropriate prison.
Warrant will usually specify the number of days the offender should spend in custody.
No authority to force entry.
Define Witness warrant?
Where a witness, having been cited for court, deliberately and obstructively fails to attend, a court may issue a warrant to have the witness brought before court.
No authority to force entry.
Define Breach of Home Detention Curfew Warrant?
If a person breaches their Home Detention Curfew then officers can submit an SPR to the PF asking for a warrant for their arrest.
Define Revocation of Licence Warrant?
Prisoners released on parole before completing a full sentence are released subject to ‘Conditions of Licence’.
Should they be breached, the court has the power to issue a revocation of licence warrant empowering police to arrest the prisoner and return them to prison.
What powers to police have in relation to warrants?
Power of arrest.
Derived from the warrant itself. NOT s1 Criminal Justice (Scotland) 2016 legislation.
Not examinable but:-
What are the timescales for execution of a warrant?
Cat A - 21 days
Cat B - 28 days
Cat C - 60 days
Unclassified - By local agreement
