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Indictable Offences Act Amendment Act 1868

31 & 32 Vict. c. 107 · Enacted 31 July 1868 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 1991.

An Act to amend the Law relating to the Indorsing of Warrants in Scotland, Ireland, and the Channel Islands.

[31st July 1868]C1C2C3

Annotations to the whole text

Modifications

C1

Act extended (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 326(1)

Act applied (S.) (1.4.1996) by 1995 c. 46, ss. 297(5), 309(2) (with s. 24(2))

C2

Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14)

C3

This Act is not necessarily in the form in which it has effect in Northern Ireland

Contents

  1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 2Short title.
  3. 3Construction of Act.
  4. 4Warrants issued in Scotland or Ireland how to be backed in the Channel Islands, and vice versa.
  5. 5Definition of terms.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

2Short title.

This Act may be cited for all purposes as “The Indictable Offences Act Amendment Act 1868.”

3Construction of Act.

This Act, so far as is consistent with the tenor thereof, shall be construed as one with the M1Indictable Offences Act 1848 and any Act amending the same.

4Warrants issued in Scotland or Ireland how to be backed in the Channel Islands, and vice versa.C1

In the following cases, that is to say,

  • Where a warrant is issued against any person by any competent magistrate in Scotland or F1Northern Ireland, and such person goes or is supposed to have gone into any of the Channel Islands; or

  • Where a warrant is issued against any person by any competent magistrate in any of the Channel Islands, and such person goes or is supposed to have gone into Scotland or Ireland;

any competent magistrate having jurisdiction over the place where such person is or is supposed to be may indorse such warrant in manner provided by the Indictable Offences Act 1848, or as near thereto as circumstances admit.

Any such warrant when so indorsed shall be a sufficient authority to the person or persons bringing the same, and to all persons to whom the same was originally directed, and also to all constables within the limits of the jurisdiction of the magistrate who indorsed the same, to execute such warrant within such last–mentioned limits, and to convey the person when apprehended to any place or places within the limits of the jurisdiction of the magistrate who issued the warrant, and to bring him before that magistrate, or before any other magistrate having jurisdiction over such place or places as aforesaid; and any magistrate before whom the person so apprehended is brought may proceed in the same manner as if such person had been apprehended within his jurisdiction.

5Definition of terms.

For the purpose of this Act “competent magistrate” shall mean—

In Scotland,—

The Lord Justice General, the Lord Justice Clerk, any of the Lords Commissioners of Justiciary, any F1sheriff principal or sheriff . . . F2, or any justice of the peace:

In F3Northern Ireland,—

Any justice of the peace, or any judge of Her Majesty’s Court of Queen’s Bench, or any justice of oyer and terminer, or of gaol delivery:

In the Channel Islands,—

  • In Jersey, the bailiff or any lieutenant bailiff within his bailiwick or jurisdiction:

  • In Guernsey, the bailiff or any lieutenant bailiff within his bailiwick or jurisdiction:

  • In Alderney, the judge of Alderney, or in his absence any jurat of such island:

  • In Sark, the seneschal of Sark, or in his absence his deputy within such island:

  • “Constable” shall include any peace officer or person authorized to apprehend persons charged with offences:

  • “Warrant” shall include any process in the nature of a warrant.