Execution of Warrants of Arrest (Bench Warrants)
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1 SI Identification Number Policy Ownership SI1016 Operational Support Department Issue Date 22/12/16 Review Date Governing Service Policy 2 years from issue date Criminal Justice SI1016 Execution of Warrants of Arrest (Bench Warrants) The Police Service of Northern Ireland promote and encourage the arrest of individuals wanted warrants of arrest. Cancellation of SP38/2009 Execution of Warrants of Arrest (Bench Warrants) Classification OFFICIAL [PUBLIC]
2 Table of Contents 1. Introduction Context Powers Non execution of warrant... 5 Appendix A Contact Us
3 1. Introduction The Police Service of Northern Ireland (PSNI) has established this Service Instruction to be followed to ensure warrants of arrest (bench warrants) are executed, and responsibility is allocated to bring the offender before a court. 2. Context Police officers carrying out arrests of this nature should note the following: 1. The Northern Ireland Court Service (NICtS) no longer issue hard copy warrants to the PSNI. An electronic version will be available to view on NICHE and a warrant notification document giving the relevant warrant information can be printed for court purposes (prosecutor s copy) and for planned arrests. There will still be hard copy warrants in existence for a period of time until executed/cancelled. These hard copy warrants will be referred to as pre DSM1 warrants throughout this Service Instruction to differentiate, where required, between the minor procedural differences for execution. 2. Any Constable can execute a warrant of arrest. 3. Knowledge of the warrant s existence is sufficient for execution with the exception of planned arrests when the arresting officer should have possession of the pre DSM1 warrant/warrant notification document. An arresting officer must confirm the existence of the pre DSM1 warrant prior to execution. The existence of an electronic warrant report and flag on the person in NICHE is not sufficient in these cases. 4. There is no requirement for the police officer in charge of the cases named on the warrant of arrest to attend court for the swearing of the warrant. 5. A warrant is only executed when the person named on it is arrested and brought before a court. It may not always be possible for the same police officer to perform both functions. 6. At court, a hard copy warrant will be provided by NICtS staff, which the police officer producing the prisoner will endorse. Pre DSM1 warrants must be brought to the court by the police officer producing the prisoner. [NOTE: Warrant flags will automatically be created for all warrants of arrest in NICHE (including pre DSM1 warrants). In relation to pre DSM1 3
4 warrants this is only an alert as to the possibility of its existence. Police officers should continue to carry out the normal checks to ensure the pre DSM1 warrant is still current]. 3. Powers Warrant Execution Section 32 of the Police (NI) Act 2000 states that police officers have a duty where an offence has been committed to take measures to bring the offender to justice. of the District in which the arrest took place to escort the prisoner to court. To assist with court listings overnight arrests should be brought to court as early as possible. 2. Locate the original pre DSM1 warrant, if applicable, and bring it to court or arrange for this to be done. 3. Fully update the NICHE warrant report or arrange for this to be done. An 'Execute by Arrest' task must be completed and shared out to Causeway. This updates the Court electronically that the warrant has been executed. Warrants of arrest are obtained from the court to assist the police in carrying out this duty to its natural end. To ensure compliance with the legislation the following directions should be adhered to in the execution of warrants of arrest. Arrest A police officer who becomes aware of the existence of a warrant of arrest and is in a position to make an arrest must: 1. Arrest that person and make arrangements to have them brought before the next available District Judge (Magistrates Court). It is the responsibility 4 4. Warrant alerts will be automatically cancelled in NICHE once the warrant report is completed and shared out using the 'Execute by Arrest' task. The arresting officer should also cancel pre DSM1 warrants on ICIS/PNC or arrange for this to be done. 5. Attend the court to swear the warrant of arrest or arrange for another police officer, suitably briefed, to attend the court; Where the arresting officer does not attend court they should provide a statement of evidence confirming the arrest. The police officer producing in such cases should attach the statement of evidence to the pre
5 DSM1 warrant/hard copy warrant provided by the NICtS staff and endorse the warrant to the effect that they produced the prisoner, as opposed to arrested. 4. Non execution of warrant A police officer who is unable to execute a warrant of arrest for any reason must inform their supervisor for direction. Supervisors will consider the reasons for the police officer not executing the warrant and if appropriate another police officer should then be directed to make the arrest. A police officer who is unable to execute a warrant should record unsuccessful attempts on the NICHE warrant log. The police officer who subsequently makes the arrest will comply with the directions laid down in this Service Instruction. 5
6 Appendix A Contact Us Feedback relating to this Service Instruction should be directed through line management to Operational Policy and Support, Operational Support Department. Branch OTDU@psni.pnn.police.uk 6
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