Rule 13.3 Terms of a warrant for detention or imprisonmentI1

England and Wales

(1)

A warrant for detention or imprisonment must—

(a)

require each person to whom it is directed to detain the defendant and—

(i)

take the defendant to any place specified in the warrant or required or allowed by law, and

(ii)

deliver the defendant to the custodian of that place; and

(b)

require that custodian to detain the defendant, as ordered by the court, until in accordance with the law—

(i)

the defendant is delivered to the appropriate court or place, or

(ii)

the defendant is released.

(2)

Where a magistrates’ court remands a defendant to police detention under section 128(7)^f1 or section 136^f2 of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988^f3, the warrant it issues must—

(a)

be directed, as appropriate, to—

(i)

a constable, or

(ii)

an officer of Her Majesty’s Revenue and Customs; and

(b)

require that constable or officer to detain the defendant—

(i)

for a period (not exceeding the maximum permissible) specified in the warrant, or

(ii)

until in accordance with the law the defendant is delivered to the appropriate court or place.

(3)

Where a magistrates’ court sentences a defendant to imprisonment or detention and section 11(3) of the Magistrates’ Courts Act 1980^f4 applies (custodial sentence imposed in the defendant’s absence), the warrant it issues must—

(a)

require each person to whom the warrant is directed—

(i)

to arrest the defendant and bring him or her to a court specified in the warrant, and

(ii)

unless the court then otherwise directs, after that to act as required by paragraph (1)(a) of this rule; and

(b)

require the custodian to whom the defendant is delivered in accordance with that paragraph to act as required by paragraph (1)(b) of this rule.

[Note. Under section 128(7) of the Magistrates’ Courts Act 1980, a magistrates’ court can remand a defendant to police detention for not more than 3 clear days, if the defendant is an adult, or for not more than 24 hours if the defendant is under 18.

Under section 136 of the 1980 Act, a magistrates’ court can order a defendant’s detention in police custody until the following 8am for non-payment of a fine, etc.

Under section 152 of the Criminal Justice Act 1988, a magistrates’ court can remand a defendant to customs detention for not more than 192 hours if the defendant is charged with a drug trafficking offence.]

Annotations

Commencement

I1: Rule 13.3 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 128(7) was amended by section 48 of the Police and Criminal Evidence Act 1984 (c. 60). It is modified by section 91(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f2: 1980 c. 43; section 136 was amended by section 77 of, and paragraph 58 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), section 95(2) of the Access to Justice Act 1999 (c. 22) and section 165(1) of, and paragraph 78 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). It is further amended by sections 74 and 75 of, and paragraphs 58 and 68 of Schedule 7, and Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43), with effect from a date to be appointed.
f3: 1988 c. 33; section 152 was amended by paragraphs 1 and 17 of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29) and section 8 of the Drugs Act 2005 (c. 17).
f4: 1980 c. 43; section 11(3) was amended by section 123 of, and paragraph 1 of Schedule 8 to, the Criminal Justice Act 1988 (c. 33), section 168 of, and paragraph 39 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 39 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 304 of, and paragraphs 25 and 26 of Schedule 32 to, the Criminal Justice Act 2003 (c. 44) and section 54 of the Criminal Justice and Immigration Act 2008 (c. 4).