PART 18WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

Terms of a warrant for detention or imprisonment18.3.

(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)273 or section 136274 of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988275, 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.]