Paragraph 18.12 Place of detentionI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 18.1 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.2 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.3 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.4 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.5 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.6 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.7 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.8 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.9 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.10 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.11 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.12 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.13 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.14 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.15 coming into force by Criminal Procedure 2006 rule 1
Sch. 2 para. 18.16 coming into force by Criminal Procedure 2006 rule 1

(1)

This rule applies to any warrant of commitment or detention.

(2)

The person executing the warrant is required to take the relevant person to the prison or place of detention specified in the warrant.

(3)

But where it is not immediately practicable to do so, or where there is some other good reason, the relevant person may be taken to any prison or place where he may be lawfully detained until such time when he can be taken to the prison or place specified in the warrant.

(4)

If (and for as long as) the relevant person is detained in a place other than the one specified in the warrant, the warrant will have effect as if it specified the place where he is in fact being detained.

(5)

The court must be kept informed of the prison or place where the relevant person is in fact being detained.

(6)

The governor or keeper of the prison or place, to which the relevant person is delivered, must give a receipt on delivery.

[Note. This rule does not apply to a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988^f1; see rule 18.7(2).]

Annotations

Commencement

I1: Sch. 2 para. 18.12 in force at 3.4.2006, see rule 1

Footnotes

f1: 1988 (c. 33); section 152 was amended by the Proceeds of Crime Act 2002 (c. 29), Schedule 11, paragraphs 1 and 17(1) and (6) and is further amended by the Drugs Act 2005 (c. 17), section 8, with effect from a date to be appointed.