Access to Justice Act 1999

Execution of warrants

92 Civilian enforcement officers

In the [1980 c. 43.] Magistrates' Courts Act 1980, after section 125 insert—

“125A Civilian enforcement officers

(1) A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.

(2) In this section “civilian enforcement officer”, in relation to a warrant, means a person who—

(a) is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and

(b) is authorised in the prescribed manner to execute warrants.

(3) The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or distress issued by a justice of the peace—

(a) under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor and the Secretary of State, acting jointly; or

(b) for the enforcement of a court order of any description so specified.

(4) Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—

(a) the name of the officer;

(b) the authority by which he is employed; and

(c) that he is authorised in the prescribed manner to execute warrants,

shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

(5) The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

93 Approved enforcement agencies

(1) In the [1997 c. 25.] Justices of the Peace Act 1997, after section 31 insert—

“31A Execution of warrants

(1) A magistrates' courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the [1980 c. 43.] Magistrates' Courts Act 1980.

(2) The Lord Chancellor may by statutory instrument make regulations as to—

(a) conditions which must be satisfied by a person or body in order to be approved under subsection (1) above; and

(b) the procedure by which a person or body may be so approved.

(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A magistrates' courts committee shall maintain a register—

(a) containing the names of all persons and bodies approved by the committee under subsection (1) above; or

(b) stating that no person or body has been so approved.

(5) Copies of the register kept by a committee under subsection (4) above shall be available for inspection by members of the public in every petty sessional court-house in the committee’s area during the hours that the court-house is open to the public.

(6) A decision by a magistrates' courts committee to revoke the approval of a person or body under subsection (1) above does not have effect to revoke the approval until the committee have informed the person or body in writing of the decision.”

(2) In the [1980 c. 43.] Magistrates' Courts Act 1980, after section 125A (inserted by section 92 above) insert—

“125B Execution by approved enforcement agency

(1) A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—

(a) by an individual who is an approved enforcement agency;

(b) by a director of a company which is an approved enforcement agency;

(c) by a partner in a partnership which is an approved enforcement agency; or

(d) by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.

(2) In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved under section 31A of the [1997 c. 25.] Justices of the Peace Act 1997 by the magistrates' courts committee for the petty sessions area of the justice (or any of the justices) who issued the warrant.

(3) Failure by a magistrates' courts committee to comply with any provision of, or made under, section 31A(2) to (5) of the Justices of the Peace Act 1997 does not of itself render unlawful the execution of a warrant.

(4) Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

(5) The matters referred to in subsection (4) above are—

(a) the name of the person by whom the warrant was executed;

(b) if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;

(c) if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and

(d) the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained under section 31A(4) of the Justices of the [1997 c. 25.] Peace Act 1997 by the magistrates' courts committee concerned.”

94 Disclosure of information for enforcing warrants

In the [1980 c. 43.] Magistrates' Courts Act 1980, after section 125B (inserted by section 93(2) above) insert—

“125C Disclosure of information for enforcing warrants

(1) Basic personal information held by a relevant public authority may, on the application of a justices' chief executive, be supplied by the authority to him (or to a justices' clerk appointed by, or member of the staff of, his magistrates' courts committee who is specified in the application) for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified.

(2) In this section—

• “basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person;

• “relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and

• “a section 125A(1) warrant” means a warrant to which section 125A(1) above applies and which has been issued by a justice of the peace to whom the justices' chief executive making the application is chief executive.

(3) Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—

(a) any person entitled to execute the warrant;

(b) any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or

(c) any person who is the justices' chief executive, a justices' clerk or a member of the staff of the magistrates' courts committee whose justices' chief executive made the application for the information.

(4) A person who intentionally or recklessly—

(a) discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or

(b) uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,

commits an offence.

(5) But it is not an offence under subsection (4) above—

(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

(b) to disclose any information which has previously been lawfully disclosed to the public.

(6) A person guilty of an offence under subsection (4) above is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(7) The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

95 Warrants of detention

(1) In section 125(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 (execution by person to whom warrant is directed or constable), after “warrant of commitment,” insert “warrant of detention,”.

(2) In section 136(2) of that Act (warrants of detention), for the words from “, unless” to “functions” substitute “—

(a) shall authorise the person executing it”.

96 Execution by person not in possession of warrant

In the Magistrates' Courts Act 1980, after section 125C (inserted by section 94 above) insert—

“125D Execution by person not in possession of warrant

(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;

(b) a warrant under section 186(3) of the [1955 c. 18.] Army Act 1955, section 186(3) of the [1955 c. 19.] Air Force Act 1955, section 105(3) of the [1957 c. 53.] Naval Discipline Act 1957 or Schedule 2 to the [1966 c. 14.] Reserve Forces Act 1996 (desertion etc.);

(c) a warrant under section 102 or 104 of the [1967 c. 9.] General Rate Act 1967 (insufficiency of distress);

(d) a warrant under section 47(8) of the [1996 c. 27.] Family Law Act 1996 (failure to comply with occupation order or non-molestation order);

(e) a warrant under paragraph 4 of Schedule 3 to the [1998 c. 37.] Crime and Disorder Act 1998 (unwilling witnesses);

(f) a warrant under paragraph 3(2) of Schedule 1 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999 (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 against whom distress is levied, be shown to him as soon as practicable.”

97 Cessation of warrants

(1) In the [1958 c. 39.] Maintenance Orders Act 1958, in—

(a) section 2(4) (registration of orders), and

(b) section 5(4) (cancellation of registration),

omit paragraph (b) (cessation of warrant of commitment on giving notice), apart from the word “and” at the end.

(2) In section 83 of the [1980 c. 43.] Magistrates' Courts Act 1980 (process for securing attendance of offender for purposes of section 82), omit subsection (4) (warrant to cease to have effect when sum in respect of which it is issued is paid to police officer holding the warrant).

(3) In section 86(4) of that Act (which applies subsections (3) and (4) of section 83 to warrants issued under section 86), for “subsections (3) and (4)” substitute “subsection (3)”.

(4) In section 125(1) of that Act (warrants of arrest), insert at the end “or it ceases to have effect in accordance with the rules”.