Rule 13.4 Information to be included in a warrantI1

England and Wales

(1)

A warrant must identify—

(a)

each person to whom it is directed;

(b)

the defendant against whom it was issued;

(c)

the reason for its issue;

(d)

the court that issued it, unless that is otherwise recorded by the court officer; and

(e)

the court office for the court that issued it.

(2)

A warrant for detention or imprisonment must contain a record of any decision by the court under—

(a)

section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012^f1 (remands of children otherwise than on bail), including in particular—

(i)

whether the defendant must be detained in local authority accommodation or youth detention accommodation,

(ii)

the local authority designated by the court,

(iii)

any requirement imposed by the court on that authority,

(iv)

any condition imposed by the court on the defendant, and

(v)

the reason for any such requirement or condition;

(b)

section 80 of the Magistrates’ Courts Act 1980^f2 (application of money found on defaulter to satisfy sum adjudged); or

(c)

section 82(1) or (4) of the 1980 Act^f3 (conditions for issue of a warrant).

(3)

A warrant for detention or imprisonment must include such an indication of the defendant’s physical and mental health as may be needed to alert those to whom the warrant is directed—

(a)

to any vulnerability of the defendant; and

(b)

to any risk to others that may be posed by the defendant.

(4)

The indication required by paragraph (3) may be given by reference to an accompanying document.

(5)

A warrant that contains an error is not invalid, as long as—

(a)

it was issued in respect of a lawful decision by the court; and

(b)

it contains enough information to identify that decision.

[Note. See sections 93(7) and 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Under section 91 of the Act, instead of granting bail to a defendant under 18 the court may—

(a)

remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or

(b)

remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.

Under section 80 of the Magistrates’ Courts Act 1980, the court may decide that any money found on the defendant must not be applied towards payment of the sum for which a warrant is issued under section 76 of that Act (enforcement of sums adjudged to be paid).

See section 82(6) of the 1980 Act. Under section 82(1) and (4), the court may only issue a warrant for the defendant’s imprisonment for non-payment of a sum due where it finds that the prescribed conditions are met.

Under section 123 of the 1980 Act^f4, “no objection shall be allowed to any … warrant to procure the presence of the defendant, for any defect in it in substance or in form …”.]

Annotations

Commencement

I1: Rule 13.4 in force at 6.10.2025, see Preamble

Footnotes

f1: 2012 c. 10.
f2: 1980 c. 43; section 80 was amended by section 33(1) of, and paragraph 83 of Schedule 2 to, the Family Law Reform Act 1987 (c. 42) and section 62(3) of, and paragraphs 45 and 49 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).
f3: 1980 c. 43; section 82 was amended by section 77 of, and paragraph 52 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48), sections 61 and 123 of, and paragraphs 1 and 2 of Schedule 8 to, the Criminal Justice Act 1988 (c. 33), section 55 of and paragraph 10 of Schedule 4 to the Crime (Sentences) Act 1997 (c. 43), paragraph 220 of Schedule 8 to the Courts Act 2003 (c. 39), section 62 of, and paragraphs 45 and 51 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15) and section 179 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 54 of, and paragraphs 2 and 3 of Schedule 12 to, the Criminal Justice and Courts Act 2015 (c. 2). 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.
f4: 1980 c. 43.