Rule 13.2 Terms of a warrant for arrestI1

England and Wales

A warrant for arrest must require each person to whom it is directed to arrest the defendant and—

(a)

bring the defendant to a court—

(i)

specified in the warrant, or

(ii)

required or allowed by law; or

(b)

release the defendant on bail (with conditions or without) to attend court at a date, time and place—

(i)

specified in the warrant, or

(ii)

to be notified by the court.

[Note. The principal provisions under which the court can issue a warrant for arrest are—

(a)

section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965^f1;

(b)

section 7 of the Bail Act 1976^f2;

(c)

sections 1 and 97 of the Magistrates’ Courts Act 1980^f3; and

(d)

sections 79, 80 and 81(4), (5) of the Senior Courts Act 1981^f4.

See also section 27A of the Magistrates’ Courts Act 1980^f5 (power to transfer criminal proceedings) and section 78(2) of the Senior Courts Act 1981^f6 (adjournment of Crown Court case to another place).]

Annotations

Commencement

I1: Rule 13.2 in force at 6.10.2025, see Preamble

Footnotes

f1: 1965 c. 69; section 4 was amended by section 56 of, and paragraph 45 of Schedule 8 to, the Courts Act 1971 (c. 23) and sections 65, 66, 67 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25).
f2: 1976 c. 63; section 7(1A) and (1B) were inserted by section 198 of the Extradition Act 2003 (c. 41).
f3: 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 (c. 13). It is further amended by paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed. Section 97 was amended by sections 13 and 14 of, and paragraph 7 of Schedule 2 to, the Contempt of Court Act 1981 (c. 47), section 31 of, and paragraph 2 of Schedule 4 to, the Criminal Justice (International Co-operation) Act 1990 (c. 5), sections 17 and 65 of, and paragraph 6 of Schedule 3 and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 51 of the Criminal Procedure and Investigations Act 1996 (c. 25) and section 169 of the Serious Organised Crime and Police Act 2005 (c. 15).
f4: 1981 c. 54; section 80 was amended by paragraph 54 of Schedule 3 to the Criminal Justice Act 2003 (c. 44).
f5: 1980 c. 43; section 27A was inserted by section 46 of the Courts Act 2003 (c. 39).
f6: 1981 c. 54.