(a)if he arrested him in Scotland, to take the person arrested either to the nearest convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated; [F21(ba)if he arrested him in England or Wales under subsection (2) above and has charged him with an offence, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated; (bb)if he arrested him in England or Wales under subsection (2) above and has not charged him with an offence, to take the person arrested either to a police station in Scotland mentioned in paragraph (ba) above, or to the nearest convenient designated police station in England or Wales; (bc)if he arrested him in England or Wales under subsection (3) above, to take the person arrested to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated;]. . (iii)designated customs officials within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act). 2018/227, art. 1 para. Form PF102: Bench Warrant - GOV.UK 1980 c. 43; section 1 was amended by section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c.53), sections 43 and 109 of, and Schedule 10 to, the Courts Act 2003 (c. 39), section 31 of, and paragraph 12 of Schedule 7 to, the Criminal Justice Act 2003 (c. 44) and section 153 of the Police Reform and Social Responsibility Act 2011. . 2(2)(a)(f), Sch. . The following provisions have effect to supplement section 137 (the principal section). 2018/46), art. RULE 150. . (i)an offence that is an indictable offence in Northern Ireland; (ii)an offence mentioned in Article 19(1)(ba) to (c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. . "Execution of a bench warrant": "A bench warrant must be executed in the same manner as a warrant of arrest, as provided in section 120.80, and following the arrest, such executing police officer or court officer must without unnecessary delay bring the defendant before the court in which it is returnable" CPL 530.70 F13Words in s. 137(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 2(2)(a)(f), Sch. Introduction Is a search warrant necessary? . (3B)The constable may enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence.]. . (4)In each of sections 5(1)(b), 7(2)(b), 15(3) and 37(4)(b) of the 2016 Act, the reference to section 4 of that Act is to be read as a reference to section 136(4) or (as the case may be) section 137(7) of this Act. . As part of the process for considering whether to withdraw, the CPS may also ask the police: CPS prosecutors will also review the substantive offences in accordance with the Full Code Test of the Code for Crown Prosecutors, i.e. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. Search powers, and obtaining and executing search warrants | College of Where a constable of a police force in England or Wales or in Northern Ireland arrests a person in Scotland by virtue of subsection (3) above, any enactment or rule of law which concerns. . DMBM666830 - Enforcement action: county court proceedings - GOV.UK the powers and duties of a constable who effects an arrest under a power which a constable of the Police Service of Scotland could have exercised to effect the arrest; the rights of a person arrested under that power of arrest; the procedures to be followed after an arrest under that power. (2)If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest F14 as it would be competent for him to exercise were the person in Scotland. . From: HM Courts & Tribunals Service Published 1 April 2016. long time to run. . 2018/227, art. 5(b); S.I. . 101, 127(2)(f), Sch. 2018/227, art. 2018/46), art. GOV.UK is the place to find warrant officer noun. . [F12(9)Powers under this section and sections 137 to 139 may be exercised by an officer of Revenue and Customs in accordance with section 87 of the Finance Act 2007. . 2018/227, art. . . Return to the latest available version by using the controls above in the What Version box. . What Are the Different Types of Warrants? | Legal Beagle . . Form PF102: Bench Warrant - GOV.UK | Withdrawal of warrants | The Crown (c)the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act. . . In this section, premises includes any place and, in particular, includes. . . . . You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. . 2018/227, art. . any vehicle, vessel, aircraft or hovercraft; [F52any any renewable energy installation;] and, offshore installation has the meaning given to it by [F54section 44 of the Petroleum Act 1998] [F55; and, renewable energy installation has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act). 137A-137D inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 2018/227, art. . [Note. . . An officer of the investigating force may give an authorisation for the purpose of subsection (2)(c) only if satisfied that. . 2(2)(a)(f), Sch. . (a)for the purpose of executing in England and Wales under section 136(2)(b) a warrant issued in Northern Ireland; (b)for the purpose of executing in Northern Ireland under section 136(3)(a) a warrant issued in England and Wales; (c)for the purpose of arresting a person in Northern Ireland under section 137(1) in respect of a relevant England and Wales offence; (d)for the purpose of arresting a person in England and Wales under section 137(3) in respect of a relevant Northern Ireland offence; (e)for the purpose of arresting a person in England and Wales under section 137A(1) in respect of a specified offence committed in Northern Ireland; (f)for the purpose of arresting a person in Northern Ireland under section 137A(4) in respect of a specified offence committed in England and Wales. ], (7)It shall be the duty of a constable who has arrested F20 a person under this section. 2018/227, art. The Whole COVID-19. as respects anything in the possession of a person searched in England and Wales, by section 10 of the M1Police and Criminal Evidence Act 1984; as respects anything in the possession of a person searched in Scotland, by [F51section 412 of the Proceeds of Crime Act 2002]; as respects anything in the possession of a person searched in Northern Ireland, by Article 12 of the M2Police and Criminal Evidence (Northern Ireland) Order 1989; premises includes any place and, in particular, includes. Advanced Search (including Welsh legislation in Welsh language), Terms of a warrant for detention or imprisonment, Warrants that cease to have effect on payment, Warrant issued when the court office is closed, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. . . . 4(7)(a); S.I. 137(4) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. If a discretionary bench warrant is ordered, the police will not arrest you . 9(2); S.I. . 2(g), F47Words in s. 139(7) substituted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 137(9): definitions of "arrestable offence" and "designated police station" substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. . 4(8); S.I. . 2003/708, art. . may also experience some issues with your browser, such as an alert box that a script is taking a There are 4 types of warrants that give the police the power to arrest a person:. 7 para. 2018/227, art. 2(p)(v), F11Words in s. 136(7A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. . (10B)Where a constable of a police force in Northern Ireland searches premises in the exercise of the power conferred by subsection (3B), (a)the constable has the same powers as the constable would have under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. . Act you have selected contains over Warrants issued by a judge include bench, search, extradition, execution, and dispossessory. . . . (a)section 3 of the Criminal Justice (Scotland) Act 2016 (asp 1) (information to be given on arrest); (b)Chapter 5 of Part 1 of that Act (rights of suspects in police custody); (c)section 51 of that Act (duty to consider childs well-being); (d)section 52 of that Act (duties in relation to children in custody). . F26(e). F38(2). 14(2)), F6S. . 2(g), F45Words in s. 139(4) inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 447, Sch. Arrest warrant - Wikipedia . 3, 4) (as amended by S.I. Where the warrant relates to a charge which must be dealt with by a prosecutor of a suitable grade, the decision to withdraw a bench warrant should be endorsed by that prosecutor. . (i)an offence that is an indictable offence in England and Wales; (ii)an offence mentioned in section 17(1)(c) or (caa) of the Police and Criminal Evidence Act 1984; (b)relevant Northern Ireland offence means. Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland. The following provisions apply in relation to the execution under this section by a constable of a warrant issued in England and Wales or Northern Ireland. It is further amended by paragraphs 58 and 63 of Part II of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43) and Part 7 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed. . 2005/3495, art. . A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph. F22(c). 19, F62Words in s. 140(6A) substituted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 117, 183(1)(5)(e); S.I. . . . (10)A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing, (a)that he might use it to assist him to escape from lawful custody; or. . 2(2)(a)(f), Sch. . . They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. . 51-54, 68, 138(2), Sch. Section 4 of the 2016 Act applies subject to the following modifications. F6(a). In accordance with the work A Dictionary of Law, this is a description of Bench Warrant : A warrant for the arrest of a person who has failed to attend court when summoned or subpoenaed to do so or against whom an order of committal for contempt of court has been made and who cannot be found. . as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.]. 5(a) (with art. (ii)to prevent any prosecution for the offence from being hindered by the disappearance of the person. . (2)The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales (subject to the modifications made by Part 1 of Schedule 7B). 1 para. 2(g), F48Words in s. 139(8) substituted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. (6)A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph. (7)In subsection (6), appropriate officer means. . (a)the powers and duties of a constable who executes such a warrant; (b)the rights of a person arrested under such a warrant; (c)the procedures to be followed after an arrest under such a warrant, applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the warrant had been executed in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were.]. Schedules you have selected contains over . 137(7)(c) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 1 Pt. Execution warrant - Wikipedia The condition applicable to subsection (3) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Northern Ireland. . 2 para. . The Whole Act you have selected contains over 200 provisions and might take some time to download. Article 57 of that Order (right to have someone informed when arrested); Article 59 of that Order (access to legal advice); Article 9 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (. ) . .

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