Access to Justice Act 1999
1999 CHAPTER 22
Annex B: Execution of Warrants
Warrants to be covered by an Order made under Section 92
It is intended that an order made under section 92 should cover the following types of warrant:
Financial Penalties
warrants of distress* and warrants of commitment (committing the defaulter to prison), issued under the Magistrates’ Courts Act 1980 (MCA) s.76.
warrants for overnight detention in a police station, issued under MCA s.136.
warrants of arrest for the purpose of bringing defaulters before the court, issued under MCA ss. 83(1), 83(2), 86(4) and 93(5).
warrants issued under s.40 of the Child Support Act 1991.
warrants of arrest and commitment issued under regulations 47(3)(a) and 48(5)(b) of the Council Tax (Administration and Enforcement) Regulations 1992.
warrants of arrest and commitment issued under regulations 16(3)(a) and 17(5)(b) of the Non-Domestic Rating (Collection etc.) Regulations 1989.
warrants of arrest and commitment issued under regulations 41(1) and 42(5)(b) of the Community Charges Regulations 1989.
confiscation orders under the Drug Trafficking Act 1994.
‘all crime’ confiscation orders made under Part VI of the Criminal Justice Act 1988. (these are treated for enforcement purposes as if they were fines imposed by the magistrates’ court).
Non-Financial penalties
Arrest warrants issued for the purpose of securing the attendance at court of a person who has breached the terms of one of a number of ‘community orders’:
probation order: Criminal Justice Act 1991, Sch. 2, paragraph 2(1)(b).
community service order: Criminal Justice Act 1991, Sch. 2, paragraph 2(1)(b).
combination order*: Criminal Justice Act 1991, Sch. 2, paragraph 2(1)(b).
curfew order: Criminal Justice Act 1991, Sch. 2, paragraph 2(1)(b).
drug treatment and testing order: Criminal Justice Act 1991, Sch. 2, paragraph 2(1)(b), as amended by s.64(5) of the Crime and Disorder Act 1998.
supervision order: Children and Young Persons Act 1969, s.16(2).
suspended sentence supervision order: Powers of Criminal Courts Act 1973, s.27(1).
attendance centre order: Criminal Justice Act 1982, s.19(1)).
supervision part of secure training order: Criminal Justice and Public Order Act 1994 s.4(1).
detention and training order: Crime and Disorder Act 1998, s.77(1).
action plan order*: Crime and Disorder Act 1998, Sch. 5, paragraph 4(2).
reparation order*: Crime and Disorder Act 1998, Sch. 5, paragraph 4(2).
Warrants of distress are issued for the purpose of levying a sum adjudged to be paid. They allow the person executing the warrant to seize a fine defaulter’s money or goods in lieu of the outstanding amount.
A combination order is an order requiring an offender to be both under the supervision of a probation officer and to perform unpaid work.
An action plan order requires an offender to comply with a three month action plan. Such a plan will impose certain requirements as to an offender’s behaviour and whereabouts for the period of that order.
A reparation order requires a young person to make reparation to a victim of an offence or to the community at large.
