# The Criminal Procedure Rules 2025, Rule 13.3: Terms of a warrant for detention or imprisonment

Extent: E+W

(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) or section 136 of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988, 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 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.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/13.3 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-13.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

