LPG Policies and Procedures. Summonses and Warrants. Student Notes. Version 1.14

Transcription

1 LPG Policies and Procedures Summonses and Warrants Student Notes Version 1.14

2 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for Home Office forces in England and Wales. NPIA (National Policing Improvement Agency) February 2011 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the NPIA or its representative. The above restrictions do not apply to police service authorities, which are authorised to use this material for official, non-profit making purposes only. For additional copies, or to enquire about the content of the document, please contact the Initial Learning Design Team on +44 (0) For copyright specific enquiries, please telephone the National Police Library on +44 (0) The NPIA aims to provide fair access to learning and development for all its learners and staff. To support this commitment, this document can be provided in alternative formats. This documentation is not protectively marked. 2

3 Learning Outcomes When you have successfully completed this module, you will be able to: 1. Explain the process of generating and serving a Summons 2. Summarise the process of generating and executing a Warrant 3. Outline the Issue, the Execution and Cancellation Following Execution of an Arrest Warrant 4. Outline the Issue and Execution of a European Arrest Warrant Key to Graphics The pencil indicates an exercise or knowledge check for you to complete. The microscope tells you when there is a topic that may require a closer look or further research or reading. The exclamation mark highlights an area that you need to pay close attention to. 3

4 Table of Contents Learning Outcomes... 3 Key to Graphics... 3 Introduction... 5 Summonses and warrants... 5 Practical points... 6 A defendant summons... 6 How a defendant summons is obtained... 7 Laying an information... 7 The sequence of events leading to the issue of a defendant summons Witness summons Service of summons Warrants Types of warrant Commitment warrant Arrest warrant European Arrest Warrant Issue of Warrants Section 1 of the Magistrates Courts Act Execution and Cancellation of Warrants Execution of arrest warrants Executing a warrant of arrest that has bail conditions Cancelling an arrest warrant once it has been executed Things to consider before executing a warrant Specimen certificates of service Specimen Warrant Specimen summons Summary Knowledge Check Knowledge Check Answers

5 Introduction After reading these student notes, you will be able to state what a summons is, outline the process leading to its issue and understand the methods of service and the requirements placed on a constable in relation to its service. You will understand how to serve a summons and know how to complete the necessary documentation. You will also be able to state the types of warrant and their purpose, the reasons for issue and the processes involved. You will be able to describe how a warrant of arrest, either with or without bail, should be executed. You will also be able to explain the procedure for cancelling an arrest warrant when it has been executed. Summonses and warrants Summonses and warrants are both important documents used in the administration of justice. A summons orders a person to attend court. A warrant directs a constable and certain other persons (see below) to carry out a specific action. Most police forces employ Civilian Enforcement Officers (CEO) and Approved Enforcement Agencies (AEA). These are referred to as authorised officers and part of their role is to fulfil routine functions such as serving of summonses or executing warrants. As well as the police, authorised officers are empowered under Schedule 4A of the Magistrate s Court Act 1980 to serve summonses and execute warrants. 5

6 However, as a police officer you will also need to know the contents and purposes of summonses and warrants. These notes will look at what summonses and warrants actually are and the different types and their purposes. Practical points As police officers you must always treat people with equal respect and you should bear in mind, with these types of summons and warrant in particular, that the person may have committed no offence at all, nor be accused or suspected of any offence, or the offence which they have committed may be a minor one. For example, you may have to serve a summons on a witness who is apprehensive about giving evidence in court, or you may have to be present when a court official executes a distress warrant on a company which has failed to pay a fine or its rates bill. These summonses and warrants are discussed in detail below. As you consider them, remember that the task of enforcing summonses and warrants may be routine to us, but to the recipient it may involve distress, anxiety and embarrassment. If you conduct yourself sensitively and skilfully you should help to create an atmosphere where the whole process will be smooth and efficient, with your professionalism evident and any unpleasantness for the recipient minimised. A defendant summons A defendant summons is a written order, signed by a justice, a magistrate or a clerk of the court, addressed to the accused person, directing the named person to appear at a time and place specified in the 6

7 summons to answer the offences detailed in it. How a defendant summons is obtained. In its simplest terms, the instigation of criminal proceedings can be brought about by you, a police officer, arresting a person on the suspicion that they have committed an offence. As a result, you charge the accused with that offence with a view to requiring the accused person to appear before a subsequent court hearing to answer to the charge. Alternatively, you may identify that an offence has been committed either by: witnessing it, or having a complaint made or reported to you, and you consequently report the offender for summons. During the course of your training, you will find that, dependent on the offence committed, there are a number of ways you can deal with the person responsible. However, the basis of many criminal prosecutions that you will generate will begin with you reporting for summons the person responsible. In this way, you are formally notifying a person that you suspect them of having committed the offence alleged and, as a result, the facts of the matter will be reported, and may result in a defendant summons being issued to that individual to appear at court to answer the allegations being made. Laying an information The process involved in obtaining a warrant or summons is called laying an information. This is done before a justice or justice s clerk in the case of a summons, or a justice or judge only in the case of a warrant of arrest. 7

8 Although in the majority of cases it is the police, or someone acting on behalf of the police, such as the Crown Prosecution Service (CPS), who lay an information make application for a defendant summons - it is open to anyone to apply. An example would be the RSPCA in animal cruelty cases laying an information making application for a summons - to require an accused person to appear before the court to answer the allegation made in the summons. As a police officer, laying an information is the result of a sequence of events that you instigate. For example, having detected or identified a summary offence, you inform the offender either at the time or at some later stage, that they are being reported for an offence, and complete your pocket notebook with all the relevant evidence and facts. You subsequently complete your force s offence or process report, which in many forces is a pro forma document which you have to complete, accompanied by a statement made by you and any other relevant documents or statements. You should familiarise yourself with your own force s Offence or Process Report. Having completed your paperwork, and assuming it is correct and does not need amending, your involvement in the case is complete until such a time as either: you are required to serve the summons, or you are required to attend court to give evidence concerning the case. On the basis of the evidence and the circumstances of the offence as specified in your report, your supervisors will decide if the case needs to be 8

9 dealt with by the court. If this is the case, your report the information - is forwarded to the court for the area in which the offence was committed. The application for a summons or information does not have to be physically delivered into the hands of a justice or their clerk. In the vast majority of cases it is posted to the court offices. Once received, it is then transmitted to a justice or clerk to the justices for consideration that a summons be issued. This, as regards a summons, is laying an information. To summarise, a defendant summons is a requirement from a court to attend and answer the allegations made in the summons concerning offences the accused is alleged to have committed. If a summons is to be successfully served, it is essential that the correct information is obtained when dealing with suspected offenders. There is a national minimum standard of offender information which is required to ensure the person is who you think they are before serving the summons. You must always ensure that you obtain the person s: full name full address, including post code date of birth and, wherever possible, a national insurance number The following advice will also assist you: Ask the person to spell any names which are unfamiliar to you or have alternative spellings. Refer to any document the person may be able to produce, such as a driving licence or letter. As a summons is usually served on a person at home, you should establish whether you have been given a private or business address. 9

10 A person may not wish their family or landlord to know that they have been summoned, and they may either give their business address or nominate an address where the summons may be served. Ensure that the address provided is where a summons can be served. This should be where the person will be for a sufficiently long period to enable the summons to be served or at which another specified person will accept the summons on behalf of the accused. For example, a person may have no fixed address, but be in regular contact with a social worker, priest, probation officer or member of some voluntary organisation who would be prepared to accept the summons. The sequence of events leading to the issue of a defendant summons The sequence of events leading to the issue of a defendant summons can be broken down as follows: A person is seen committing an offence, or an allegation is made that the person has committed an offence. A constable informs the offender that he or she will be reported for the offence. A constable completes a pocket notebook entry. A written report is submitted to a supervisory officer. A decision is made as to prosecution, caution or no further action. If the decision is to prosecute an application is made for a summons. Witness summons Usually a witness will be notified that they are required to attend court to give evidence. Ensuring that witnesses attend court is necessary for the 10

11 effective administration of justice and is directly relevant to the Government s targets of bringing more offences to justice and increasing confidence in the criminal justice system. To assist in this process a court can issue a summons to ensure that the witness attends court if two conditions are met. Firstly, if a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence for the purpose of any criminal proceedings before the court, and Secondly, the court is satisfied that it is in the interests of justice to do so. In certain cases this will allow the court to issue a witness summons early in the proceedings in order to pre-empt the likely non-attendance of a witness. The witness summons will be an added instrument in securing the attendance of a witness and can be applied for by both the defence and prosecution. In many cases the summons will also act as a measure of protection for a witness whose employer is reluctant to release them, or who faces some degree of discouragement or low-level intimidation in the community. Service of summons The actual summons must be served on the person specified in the following ways: by handing it to them personally. (If the individual to whom the summons is addressed is 17 years of age or under, a copy of the summons must be handed to their parent, or another appropriate adult, unless no such person is readily available.) (Rule 4.3 Criminal Procedure Rules (CPR) 2010) by leaving it at an address where it is reasonably believed that they 11

12 will receive it, or (Rule 4.4 CPR 2010) by posting it by first class post to an address where it is reasonably believed they will receive it. (Rule 4.4 CPR 2010) A summons for an offence committed by a corporation may be served by handing it to a person holding a senior position in that corporation. If the court has no proof that the accused actually received the summons, and the accused does not appear when directed, the procedure must be repeated. If you are handed a summons and told to serve it on the named person, you should: check it thoroughly for possible errors and return it to a supervisory officer if it is incorrect record in your pocket notebook that you have received the summons serve it on the named person and endorse the back of the copy with the date, method of service and your signature record your actions in your pocket notebook return the endorsed copy according to your local instructions Warrants A warrant is a written authority issued by a magistrate or a judge which directs the person or persons to whom it is addressed to do some particular act which is set out in the warrant. Warrants that you use will generally be addressed to all the constables in your force area. 12

13 You will find that most policing areas will have a central or designated office from where all warrants are administered. It is important that if you believe a person is wanted on warrant, you ensure that the individual is still wanted, before executing your powers of arrest. This can be done by either checking them on the PNC or enquiring through whatever system your force operates for the administration of warrants. In the majority of instances, therefore, the occasions when you will deal with arrest warrants will usually be because: you have had grounds to stop and check a person, and subsequently PNC them, or you have received information, e.g. a divisional intelligence bulletin, to the effect that a person is wanted on warrant. Types of warrant There are a number of different types of warrant. The main ones that concern the police are warrants for: commitment or arrest or European arrest Commitment warrant When a person is committed to custody by a court, a warrant is issued authorising the detention, usually in a prison. The warrant should specify where the person is to be detained, although they may be taken to a police station in the first instance to await transport to the place specified in the warrant. 13

14 Arrest warrant Arrest warrants may be executed anywhere in the UK. For example, a warrant originated in Scotland or Northern Ireland may be executed anywhere in England. (Section 136(2) Criminal Justice and Public Order Act 1994). A warrant to arrest a person may be issued for one of the following reasons. Arrest for an offence. Where certain offences have been committed or are alleged to have been committed, or the defendant s address is not sufficiently established for a summons to be served, an arrest warrant may be issued. Failure to answer a summons. A magistrate may issue a warrant for the arrest of a person who in certain circumstances has failed to appear at court in response to a summons. Arrest for non-payment of a fine. Where a person has failed to pay a fine following a conviction, a magistrate may issue an arrest warrant. If the subject of a non payment warrant provides payment for the outstanding balance of the warrant they should not be arrested. Local procedures should be followed regarding issuing a receipt and lodging money. The warrant should be endorsed that the outstanding balance has been obtained and signed along with any receipt references. The warrant is then returned to the court via your administration procedures. It is very important that you adhere strictly to your own force and divisional guidelines on the execution of non-payment of fines warrants. This is particularly important when you consider that payment of monies is required to prevent further action, such as further court appearances or committal to prison. The amounts of money concerned can be substantial, and you should 14

15 seek guidance from your supervisor before you execute such warrants. For your information authorised officers are also empowered to execute any of the above warrants. However, it is highly unlikely that they will encounter, or be expected to deal with, Extradition Warrants. For a full list of the warrants that authorised officers can deal with, refer to s.125a, 125B and 125BA; Schedule 4A of the Magistrates Court Act European Arrest Warrant European arrest warrants (EAW) are issued to facilitate extraditions. Extradition is the return of a wanted person from a country where they are found, to the country where they are accused of, or have been convicted of, a criminal offence. The Extradition Act 2003 simplifies procedures between member states of the European Union. When an EAW is issued, Serious Organised Crime Agency (SOCA) inputs the subject s details on to the PNC and Home Office watch list. Officers conducting person checks on the PNC may find that the subject of the check is wanted for extradition to another country. Officers must only arrest for extradition where there is a clear direction to do so on the PNC. When a subject is located, it is strongly recommended that their arrest is pre-planned and includes: Pre-arrest risk assessment Details of any domestic investigations to which the subject is linked Full identification package including, where possible, photographs and fingerprints A search plan 15

16 When making the arrest, it is imperative that the appropriate caution is used. This is not an arrest under PACE and so the arresting officer should state the following: You are under arrest under the Extradition Act You do not have to say anything. Anything you do say may be given in evidence. It is essential that the arresting officer fully informs the person of why they are being arrested. It is not sufficient for the person just to be told that they are wanted on an EAW. It is also vital that the arresting officer establishes the identity of the person they have arrested. They must be asked the following: What is your name? What is your date of birth? The fact that these questions have been asked and their responses should be recorded in the arresting officer s statement. If a search is conducted, any documents linked to identity should be bagged separately from all other property. The Extradition Act 2003 imposes a strict timeframe on the interval between arrest and presentation at court for the initial hearing. All extradition cases must be heard by an appropriate judge, all of whom are located at the City of Westminster Magistrates Court. Issue of Warrants Section 1 of the Magistrates Courts Act

17 Section 1 of the Magistrates Courts Act 1980 provides the procedure whereby summons or warrant may be issued by the court. 1(1) 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) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or b) a warrant to arrest that person and bring him before a magistrates' court 1(3) No warrant shall be issued under this section unless the information is in writing. 1(4) No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unlessa) the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or b) the person's address is not sufficiently established for a summons to be served on him. 1(6) Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued. 1(7) A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices. NOTES: i. The officer executing a warrant should ALWAYS read and understand it and ensure it has been signed by a Justice. ii Arrest under a warrant (not backed for bail) will result in an offender 17

18 being taken straight before a court (allowing for the normal opening times of the Court). It MUST NOT BE USED as an additional method of affecting the arrest of a suspect merely to achieve/effect his/her detention for the purpose of an interview. iii Where a suspect is outside England or Wales he may be arrested using the cross-border powers if in Scotland or Northern Ireland, elsewhere in the world extradition procedures must be employed. (Section 137 Criminal Justice and Public Order Act 1994) iv An application for a summons or warrant is normally made 'ex parte' - that is in the absence of the other party - in the case of a warrant before a justice or if for a summons the Justices Clerk (Where a person has been granted bail subject to a duty to appear before a magistrates court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognisance of any sureties for him at that time) Execution and Cancellation of Warrants Execution of arrest warrants When executing any arrest warrant you should proceed as follows: Identify yourself, establish the identity of the accused, arrest and caution them When arresting, the officer must firstly explain, in ordinary language, the charge and the reason for the arrest. Then either show the relevant person the warrant, if they have it with them (but do not hand the document over) or tell the relevant person where the warrant is and what arrangements can be made to let the person inspect it. Endorse the back of the warrant. 18

19 Make a record of the event in your pocket notebook. Return the warrant to the court according to your local instructions. Executing a warrant of arrest that has bail conditions When executing a warrant of arrest that has bail conditions, you should follow the procedure above, except that after arrest; the person is released subject to a requirements to attend a specified Magistrates Court at a specified time. This can take place at a police station or at the place of arrest. After Identifying yourself and having established the identity of the accused, you tell the accused that they need to attend court at the time and place which is specified on the warrant. On demand of the person concerned, you must show the warrant to that person as soon as possible, but do not hand the document over. All the other stages that are shown above should then be followed. Cancelling an arrest warrant once it has been executed It may also be necessary to ensure, if the person is shown on PNC as wanted on warrant, that this is also cancelled on PNC to show that the warrant has been executed and the requirements of the warrant have been discharged. Be guided by your own force policy on how warrants shown on PNC are cancelled and also who is responsible for doing it. Things to consider before executing a warrant Think for a moment about the things you should consider before you execute warrants. Make a note of your ideas about what you should 19

20 consider. The things that you might consider could include the following common sense checks. Compare your ideas with the following considerations: Is the address on the warrant the same as the actual address that you are at, e.g., is it number 1 or 1B? Going to the wrong address in streets where the layout and numbering systems are confusing is not uncommon. If the address is not clear on the form, what enquiries could you make to establish the correct details? The same checks should also apply to the person named in the warrant. Again, it is not uncommon for parents to call their children after themselves. The last thing we want is to be arresting the wrong person. Do not forget that it may also be useful to check photograph records and the PNC for any warning markers. You must consider the best time of day for executing the warrant. How would you have felt if the police had come to your house when you were a child and taken your parent away? We should respect the family s feelings by executing the warrant at a time when the chance of young children being around is at a minimum. Obviously, there are occasions when the warrant must be served without delay, but remember the need for a professional, sensitive approach, bearing in mind that the persons subject to the warrants have sometimes committed no offence at all, or have failed to pay fines for comparatively minor offences. Non-payment of fines warrants are usually dealt with by civilian enforcement officers from the courts. 20

21 When you do go to execute a warrant, take time to speak to the person first, check out all the information already discussed and go on to explain the purpose of the warrant. The individual may well be feeling stressed, without you adding to the problem by telling them they are going to be arrested, without explaining the procedure involved. Imagine the following scene for a moment. You are in your house when there is a knock at the door. You are deeply in debt and a few months ago you were convicted of drinking and driving and fined 120. You answer the door and a police officer or enforcement officer says to you, I ve got a warrant for your arrest, you haven t paid a fine. How would you feel and what would be your first reaction? The answer to this first question depends on the attitude of the officer concerned, the tone of their voice and a host of other things. But when you meet someone for the first time, you usually introduce yourself, don t you? What is different here? You will want to know if there is any way of avoiding being arrested. If arrest is inevitable, what happens afterwards? These are reasonable concerns and if we, as police officers, are able to explain what is happening in simple terms and reassure the person named, we are helping them and smoothing the process. In short, these types of warrant often concern people who are already subject to pressures, financial or emotional, sometimes both. 21

22 Always remember, though, that warrants such as those for non-payment of maintenance have been issued because some other person is in an equally unfortunate position. 22

23 Specimen certificates of service Example of a certificate of service in relation to a warrant At... (time) on... (date) I executed this warrant by arresting... and bailing him/her* in the terms of this warrant to attend... Magistrates Court on... (date) Signed:... Rank & No:... (* delete as applicable) Example of a certificate of service in relation to a summons I certify that I served the person named herein with a summons*/order*/document* of which this is a true copy (by delivering it personally*) (leaving it at the last known place of abode*) on Signed:... Rank & No:... (* delete as applicable) 23

24 Specimen Warrant An example of warrant documentation WARRANT OF ARREST IN FIRST INSTANCE Sandford Magistrates Court Date 14th August 2009 Accused Address Geoffrey BINNS 18 Byron Crescent Sandford Westshire Alleged Offence Direction Bail That you, in Sandford in the County of Westshire, on Saturday, 11th July 2009 did steal a transistor radio, valued at 25.00, the property of Mark Taylor. Contrary to Sections 1-7 Theft Act Information having this day been laid before me on oath by David Thomas, Inspector of Police that the accused committed the above offence. You, the Constables of Westshire Constabulary are hereby required to arrest the accused and to bring the accused before the above Magistrates Court immediately unless the accused is released on bail as directed below. On arrest, the accused shall be released on bail, and with a duty to surrender to the custody of the above Magistrates Court at a.m. on Tuesday, 25th August Justice of the Peace 24

25 Specimen summons An example of summons documentation Geoffrey BINNS 18 Byron Crescent Sandford Westshire 14th August 2009 Sandford Magistrates Court Information Inspector David Thomas of Westshire Constabulary states that: You, in Sandford in the County of Westshire on Saturday, 11th July 2009 did steal a transistor radio, valued at 25.00, the property of Mark Taylor. Contrary to Section 1-7 Theft Act Summons You are therefore summoned to appear before the Magistrates Court to answer the information at The Law Courts, West Bell Street, Sandford at a.m. on Friday, 14th August 2009 Dated the 25th July 2009 Justice of the Peace 25

26 Summary After reading these student notes, you are now be able to state what a summons is, outline the process leading to its issue and understand the methods of service and the requirements placed on a constable in relation to its service. You now understand how to serve a summons and know how to complete the necessary documentation. You will also be able to state the types of warrant and their purpose, the reasons for issue, the processes involved and how to execute them. 26

27 Knowledge Check 1. A summons orders a person to attend court. True False 2. Complete the following statement to show what information is contained within a defendant summons: A summons is a written order signed by a justice, a magistrate or addressed to the, directing the named person to appear at a and specified in the summons to answer the offences detailed in it. 3. What are the three methods by which a summons may be served on an individual? 4. Summarise the purpose of a commitment warrant. 27

28 5. What are the four reasons for a warrant of arrest being issued? 6. On this page, draw a flowchart to show how to execute a warrant of arrest. This first stage is done for you. (a) identify yourself, establish the identity of the accused, arrest and caution them 28

29 Knowledge Check Answers 1. A summons orders a person to attend court. True False 2. Complete the following statement to show what information is contained within a defendant summons: A defendant summons is a written order signed by a justice, a magistrate or a clerk of the court, addressed to the accused person, directing the named person to appear at a time and place specified in the summons to answer the offences detailed in it. 3. What are the three methods by which a summons may be served on an individual? The actual summons may be served on the person specified in the following ways: by handing it to them personally. (If the individual to whom the summons is addressed is 17 years of age or under, a copy of the summons must be handed to their parent, or another appropriate adult, unless no such person is readily available.) by leaving it at an address where it is reasonably believed that he or she will receive it, or by posting it by first class post to an address where it is reasonably believed they will receive it. (A summons for an offence committed by a corporation may be 29

30 served by handing it to a person holding a senior position in that corporation 4. Summarise the purpose of a commitment warrant. Your answer should include some of the following key points. When a person is committed in custody by a court, a warrant is issued authorising the detention, usually in a prison. The warrant should specify where the person is to be detained, although they may be taken to a police station in the first instance to await transport to the place specified in the warrant. 5. What are the four reasons for a warrant of arrest being issued? Arrest for an offence Failure to answer a summons Extradition Warrant Arrest for a non-payment of a fine 30

31 6. On this page, draw a flowchart to show how to execute a warrant of arrest. Identify yourself, establish the identity of the accused, arrest and caution them When arresting, the officer must firstly explain, in ordinary language, the charge and the reason for the arrest, then either show the relevant person the warrant (if they have it with them) or tell the relevant person where the warrant is and what arrangements can be made to let the person inspect it. Endorse the back of the warrant. Make a record of the event in your pocket notebook. Return the warrant according to your local instructions. 31