OpenLegislation

Section 125D Execution by person not in possession of warrant.F1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.

(2)

A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.

(3)

Subsection (2) above applies to—

(a)

a warrant to arrest a person in connection with an offence;

C2(F2b)

a warrant under section 313, 314 or 317 of the Armed Forces Act 2006;

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a warrant under section 47(8) of the M1Family Law Act 1996 (failure to comply with occupation order or non-molestation order);

(e)

a warrant under paragraph 4 of Schedule 3 to the M2Crime and Disorder Act 1998 (unwilling witnesses);

(f)

a warrant under paragraph 3(2) of F4Schedule 4 to the Sentencing Code (offenders referred to court by youth offender panel); and

(g)

a warrant under section 55, 76, 93, 97 or 97A above.

(4)

Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or F5, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.

Annotations

Textual amendments

F1

S. 125D inserted (19.2.2001) by 1999 c. 22, s. 96 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/168, arts. 1, 2(a) (subject to transitional provisions in art. 3 of that S.I.)

F2

S. 125D(3)(b) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 89; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3

S. 125D(3)(c) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 61(2), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F4

Words in s. 125D(3)(f) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 57 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F5

Words in s. 125D(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 61(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Marginal citations

M1

1996 c.27.

M2

1998 c.37.

Modifications

C1

Ss. 125-126 applied (temp.) (23.2.2004 and 29.3.2004 for certain purposes, otherwise 5.4.2004 until 31.3.2006) by The Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(3), 10 (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4)

C2

S. 125D(3)(b) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 18(2)