Part V Magistrates and magistrates’ courts

Execution of warrants

92 Civilian enforcement officers.

In the M1Magistrates’ 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.