The Criminal Procedure Rules 2012

Terms of a warrant for detention or imprisonment

18.3.—(1) A warrant for detention or imprisonment must—

(a) require each person to whom it is directed to—

(i) arrest the defendant,

(ii) take the defendant to any place specified in the warrant, and

(iii) deliver the defendant to the custodian of that place; and

(b) require that custodian to keep the defendant in custody, as ordered by the court, until in accordance with the law—

(i) the defendant is delivered to the appropriate court or place, or

(ii) the defendant is released.

(2) Where a magistrates’ court remands a defendant to police detention under section 128(7)(1) or section 136(2) of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988(3), the warrant it issues must—

(a) be directed, as appropriate, to—

(i) a constable, or

(ii) an officer of Her Majesty’s Revenue and Customs; and

(b) require that constable or officer to keep the defendant in custody—

(i) for a period (not exceeding the maximum permissible) specified in the warrant, or

(ii) until in accordance with the law the defendant is delivered to the appropriate court or place.

[Note. Under section 128(7) of the Magistrates’ Courts Act 1980, a magistrates’ court can remand a defendant to police detention for not more than 3 clear days, if the defendant is an adult, or for not more than 24 hours if the defendant is under 18.

Under section 136 of the 1980 Act, a magistrates’ court can order a defendant’s detention in police custody until the following 8am for non-payment of a fine, etc.

Under section 152 of the Criminal Justice Act 1988, a magistrates’ court can remand a defendant to customs detention for not more than 192 hours if the defendant is charged with a drug trafficking offence.]

(1)

1980 c. 43; section 128(7) was amended by section 48 of the Police and Criminal Evidence Act 1984 (c. 60). It is modified by section 91(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.

(2)

1980 c. 43; section 136 was amended by section 77 of, and paragraph 58 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991(c. 53), section 95(2) of the Access to Justice Act 1999 (c. 22) and section 165(1) of, and paragraph 78 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). It is further amended by sections 74, and 75 of, and paragraphs 58, 68 of Schedule 7 and Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43), with effect from a date to be appointed.

(3)

1988 c. 33; section 152 was amended by paragraphs 1 and 17 of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29) and section 8 of the Drugs Act 2005 (c. 17).