The Magistrates' Courts Rules 1981

Warrant of commitment E+W

97.—(1) A warrant of commitment [F1 or detention] [F2 , other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,] issued by a justice of the peace—

(a) shall name or otherwise describe the person committed [F3 or detained];

(b) shall contain a statement of the offence with which the person committed [F3 or detained] is charged, or of which he has been convicted, or of any other ground on which he is committed;

(c) shall be directed to a person named in the warrant or to the constables of the police area in which the warrant is issued or to [F4 the [F5 civilian enforcement officers] for the area in which they are employed] and to the governor or keeper of the prison or place of detention specified in the warrant, and shall require—

(i) the named person or the constables or [F5 civilian enforcement officers] to arrest the person committed [F3 or detained], if he is at large, and convey him to that prison or place and deliver him with the warrant to the governor or keeper;

(ii) the governor or keeper to keep in his custody the person committed [F3 or detained] until that person be delivered in due course of law, or until the happening of an event specified in the warrant, or for the period specified in the warrant, as the case may be.

[F6 (1A) A warrant issued by a justice of the peace committing a person to customs detention under section 152 of the Criminal Justice Act 1988–

(a) shall name or otherwise describe the person committed;

(b) shall contain a statement of the offence with which the person committed is charged;

(c) shall be directed to the officers of Her Majesty’s Customs and Excise and shall require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered in due course of law, for a period (not exceeding 192 hours) specified in the warrant.]

[F7 (1B) A warrant of commitment or detention other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988 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.

(1C) A person executing a warrant of commitment or detention 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 against whom the warrant was issued to inspect it;

(b) explain, in ordinary language, the offence or default with which the person is charged and the reason for the commitment or detention;

(c) where the person executing the warrant is one of the persons referred to in paragraph (1B)(b) or (c) above, show the person against whom the warrant was issued a written statement under section 125A(4) or 125B(4) as appropriate; and

(d) in any case, show documentary proof of his identity.]

(2) A warrant of commitment [F8 or detention] [F9 , other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988,] may be executed by conveying the person committed [F10 or detained] to any prison or place of detention in which he may lawfully be detained and delivering him there together with the warrant; and, so long as any person is detained in any such prison or place other than that specified in the warrant , the warrant shall have effect as if that other prison or place were the prison or place specified in it.

(3) Notwithstanding the preceding provisions of this rule, a warrant of commitment [F11 or detention] issued in pursuance of a valid conviction, or of a valid order requiring the person committed [F12 or detained] to do or abstain from doing anything, shall not, if it alleges that the person committed [F12 or detained] has been convicted, or ordered to do or abstain from doing that thing, be held void by reason of any defect in the warrant.

(4) The governor or keeper of the prison or place of detention at which any person is delivered in pursuance of a warrant of commitment [F13 or detention] shall give to the constable or other person making the delivery a receipt for that person.

(5) Notwithstanding the preceding provisions of this rule, a warrant of a justice of the peace to commit to custody any person who to the justice's knowledge is already detained in a prison or other place of detention shall be delivered to the governor or keeper of the prison or place of detention in which that person is detained.

[F14 (6) A warrant of commitment or detention issued under any of the provisions in paragraph (7) shall cease to have effect if, at any time before the person for whose commitment or detention the warrant was issued is placed in custody—

(a) the sum in respect of which the warrant is issued, together with the costs and charges, if any, of the commitment, 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 [F15 designated 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.

(7) Those provisions are:

(a) sections 76 and 136 of the Act of 1980;

(b) section 40 of the Child Support Act 1991;

F16 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) regulation 16(3)(a) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989; and

(e) regulation 47(3)(a) of the Council Tax (Administration and Enforcement) Regulations 1992.

(8) A warrant of commitment issued for the enforcement of a maintenance order to which Part I of the Maintenance Orders Act 1958 applies shall cease to have effect if, at any time when the defendant is not already detained in pursuance of the warrant, the person charged with the execution of the warrant is informed—

(a) that an application for registration of the order has been granted under section 2 of the Maintenance Orders Act 1958; or

(b) that notice seeking the cancellation of such registration has been given under section 5 of that Act.]

Textual Amendments

F1 Words in rule 97(1) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(a)

F2 Words in rule 97(1) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(g)

F3 Words in rule 97(1) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(b)

F4 Words in rule 97(1)(c) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)

F5 Words in rule 97(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(1)(c)

F6 Rule 97(1A) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(h)

F7 Rule 97(1B)(1C) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(2)

F8 Words in rule 97(2) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)

F9 Words in rule 97(2) inserted (5.1.1989) by The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(i)

F10 Words in rule 97(2) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(b)

F11 Words in rule 97(3) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)

F12 Words in rule 97(3) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(b)

F13 Words in rule 97(4) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(3)(a)

F14 Rule 97(6)-(8) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 7(4)

F15 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

F16 Rule 97(7)(c) omitted (20.6.2003) by virtue of The Magistrates' Courts (Miscellaneous Amendments) Rules 2003 (S.I. 2003/1236), rules 1, 41

Modifications etc. (not altering text)

C1 Rule 97 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 18.6 (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 Information

I1 Rule 97 in force at 6.7.1981, see rule 1(1)