Magistrates’ Courts Act 1980 (c. 43)

Part I U.K. Criminal Jurisdiction and Procedure

Jurisdiction to issue process and deal with charges E+W

1 Issue of summons to accused or warrant for his arrest. E+W

[F1 (1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—

(a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

(b) a warrant to arrest that person and bring him before a magistrates' court.]

(2) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No warrant shall be issued under this section unless the information is in writing F3 . . . .

(4) No warrant shall be issued under this section for the arrest of any person who has attained [F4 the age of 18 years] unless—

(a) the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or

(b) the person’s address is not sufficiently established for a summons to be served on him.

(5) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.

(7) A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.

(8) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 1(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 43(1), 110; S.I. 2005/910, art. 3(p)

F2 S. 1(2)(5)(8) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 43(2), 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(p)(aa)

F3 Words in s. 1(3) omitted (29.1.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. {31(1)}, 336; S.I. 2004/81, art. 4(1)(2)(d) and the same words repealed (15.12.2004) by s. 332, {Sch. 37 Part. 12} of that Act; S.I. 2004/3033, art. 3(2)(e)(ii)

F4 Words in s. 1(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(d), 101(1), Sch. 8 para. 6(1)(a), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2