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  1. questioner

    Magistrates' arrest warrants

    999tommo - as I wrote, this is hypothetical and knowing the answer interests me, hence asking the question. I can imagine a situation in which it may well occur: for example, the magistrate witnesses a breach of the peace and summons the police. But, by the time the constable arrives the breach of the peace has ended. For the constable to make an arrest, he would have to witness the breach of the peace himself, or have reason to believe that a further breach was likely. The magistrate, having witnessed the breach of the peace could swear to that effect and could reasonably desire the offender to brought before a court to answer the charge. One could therefore imagine a situation in which it would be desirable for the magistrate to see the offender arrested, but which the constable could only do with a warrant to that effect.
  2. questioner

    Magistrates' arrest warrants

    Here's an interesting hypothetical: The Magistrates' Act 1980 states that on an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence the justice may issue -- a warrant to arrest that person and bring him before a magistrates' court. The Criminal Procedure Rules for arrest warrants (https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-18.pdf) lay out the information that must be contained in a warrant, but do not specify any particular format. Given that only one magistrate is required to issue an arrest warrant (i.e. not a bench of two or three), could a magistrate who witnesses the commission of an offence, write an arrest warrant on the spot and require a constable to execute it and place the person under arrest?
  3. questioner


    Hello, Obliged if I could have full access! Many thanks.