OpenLegislation

Rule 96 Warrant of arrestI1C1

England and Wales

(1)

A warrant issued by a justice of the peace for the arrest of any person shall require the persons to whom it is directed, that is to say, the constables of the police area in which the warrant is issued, or F1the F2civilian enforcement officers for the area in which they are employed, or any persons named in that behalf in the warrant, to arrest the person against whom the warrant is issued.

F3(2)

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

F4(3)

A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a)

a constable for any police area in England and Wales, acting in his own police area;

(b)

where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c)

where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(4)

A person executing a warrant of arrest shall, upon arresting the person against whom the warrant is issued—

(a)

either

(i)

if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii)

otherwise, state where the warrant is and what arrangements may be made to allow the person arrested to inspect it;

(b)

explain, in ordinary language, the offence or default with which the person is charged and the reason for the arrest;

(c)

where the person executing the warrant is one of the persons referred to in paragraph (3)(b) or (c) above, show the person arrested a written statement under section 125A(4) or 125B(4) as appropriate; and

(d)

in any case, show documentary proof of his identity.

(5)

A warrant of arrest issued under any of the provisions in paragraph (6) shall cease to have effect when—

(a)

the sum in respect of which the warrant is issued is paid to the person charged with the execution of the warrant;

(b)

that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c)

a receipt for that sum given by—

(i)

the F5designated officer for the court which issued the warrant; or

(ii)

the charging or billing authority,

is produced to the person charged with the execution of the warrant.

(6)

Those provisions are—

(a)

sections 83(1), 83(2), 86(4) and 93(5) of the Act of 1980;

F6(b)

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

(c)

regulation 17(5)(b) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989; and

(d)

regulation 48(5)(b) of the Council Tax (Administration and Enforcement) Regulations 1992.

Annotations

Textual amendments

F1

Words in rule 96(1) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)

F2

Words in rule 96(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 6(1)

F3

Rule 96(2) omitted (1.1.2020) by virtue of The Magistrates’ Courts (Amendment) Rules 2019 (S.I. 2019/1367), rules 1(1), 6 (with rule 11(1))

F4

Rule 96(3)-(6) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 6(2)

F5

Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F6

Rule 96(6)(b) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 40

Modifications

C1

Rule 96 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.3 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Commencement

I1

Rule 96 in force at 6.7.1981, see rule 1(1)