Unit 3 Lesson 8: Warrants Flashcards
Name and explain the 6 common types of warrant.
Apprehension: authority to arrest a named person. (Can break open lock-fast places).
Means Enquiry: offender has failed to pay fine within timeframe. Either collect (whole) fine or arrest. No force of entry.
Extract Conviction: failed to pay outstanding fine and an alternative prison sentence has been imposed. Can collect fine or convey straight to appropriate prison. No force of entry.
Witness: witness deliberately and obstructively fails to attend court. No force of entry.
Breach of Home Detention Curfew: if so, officers can submit an SPR to PF, craving warrant for their arrest.
Revocation of License: prisoner released on parole breaches conditions of license - allows police to arrest and return them to prison.
How do you apply for an apprehension warrant?
Submit an SPR “warrant craved case” to the PF (who will apply to Sh or JoP)
What should you do if, when executing a means enquiry warrant, the person had an opportunity to pay and refuses?
Arrest them
What is the checklist before executing any warrant?
ARMREST
A - Accused personal particulars
R - Reason for arrest (or charge)
M - Means enquiry - amount of fine
R - Remember to check date of issue
E - Extent of Police powers
S - Signature of issuing authority
T - The date and court where sentenced
Do officers need physical possession of a warrant?
No, an awareness of it’s content and existence will suffice.
(Although best practice to possess when forcing entry)
Power of arrest when executing a warrant?
Power derived from the warrant
Information to be recorded on execution of a warrant?
- Time and place of arrest
- General nature of offence
- Time at which and by whom, person was advised of rights
- Big 5
- Where transported to following arrest by Police, time and place of arrival
- If released from custody before arrival, time of release and details of liberating officer
Categorisation of warrants?
A, B, C, or Unclassified in order of seriousness.
Examples of Category A Warrants
- all petition warrants
- failure to appear at high court of justiciary or sheriff and jury
- accused presents a substantial risk to the public
- cases with a sexual element
- warrants agreed as a local priority
Examples of Category B Warrants
- Not Cat A but involves weapons
- not cat A but racially aggravated or religiously prejudiced
- not cat A but involves Domestic abuse
- serious RTA offences
- Undue delay warrants
- agreed locally as cat B
Examples of Category C warrants
All other warrants sent for execution which have not been categorised as A or B
Examples of Unclassified warrants
Unpaid financial penalties
Warrants not sent for execution
Timescales for each category of warrant?
A - within 21 days
B - 28 days
C - 60 days
Unclassified - by local agreement
