03-08 Warrants_fac8b226ac59f0515afcd1144232a500.pdf

OFFICIAL Unit 3 Lesson 8...

OFFICIAL Unit 3 Lesson 8 Warrants Lesson Aim: The learner will be able to understand how to execute a warrant Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- In the operational environment you will have regular involvement in enquiries to trace, arrest and collate criminal intelligence on 1. Identify the common types of warrant persons wanted on warrant. You may have to make application for a 2. Explain how an apprehension warrant is search or apprehension warrant and you obtained must be fully conversant with procedures, actions and your powers in relation to this. A warrant is a document giving authority. 3. State the police powers available to execute a means enquiry warrant In legal terms a warrant is defined as:- 4. Detail what should be checked on a An authority in writing, issued by:- warrant prior to execution a Magistrate, i.e. a Justice of the Peace or Sheriff; or 5. Explain the procedures to be adopted Other Competent Person; prior to executing a warrant and action Directing police officers to take a course of at a suspect's/accused's house action which might not otherwise be lawful. 6. Identify the categories of warrant Note:- The term 'other competent person’ includes a High Court Judge, a Clerk of a Court or the Chief Constable. 7. State the timescales for execution of warrants The Chief Constable would only authorise police officers by issuing a warrant in writing to search premises for stolen property under the Prevention of Crimes Act 1871. 1 th Amended 24 April 2024 v.7 OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Common Types of Warrants Apprehension Warrants The terms "arrest" and "apprehend" mean the same thing. When we talk of an "Apprehension Warrant" we could equally use the expression "Arrest Warrant". An apprehension warrant is written authority to arrest a named person and bring that person before the issuing or other competent court without delay. (Appendix A) By virtue of Section 135 Criminal Procedure (Scotland) Act 1995 an apprehension warrant provides authority where necessary for its execution, to break open lock fast places. In some instances, further powers may be granted as specified on the Warrant. Often these warrants are issued where an accused has failed to appear in court having been ordained. Means Enquiry Warrant A means enquiry warrant is issued where an offender who has been fined for a crime or offence, has failed to pay the fine within a stipulated period. This warrant empowers the Police to either collect the outstanding fine or to arrest the offender to bring them before the court for enquiry into their means to pay the fine. The court will assess the individual’s personal circumstances whereby consideration may be given to affording the person more time to pay. (Appendix B) Extract Conviction Warrant An extract conviction warrant is issued by a Court where an offender has failed to pay an outstanding fine and an alternative prison sentence has been imposed. The Police are entitled to collect the outstanding fine or they are authorised to arrest the offender and convey them straight to an appropriate prison. The warrant will usually specify the number of days the offender should spend in custody. There is no authority to force entry. 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Witness Warrant Where a witness, having been duly cited to any diet, deliberately and obstructively fails to attend, a Court may issue a warrant to have that witness brought before the Court. There is no authority to force entry. Breach of Home Detention Curfew Warrant If a person breaches their Home Detention Curfew then officers can submit a SPR to the Procurator Fiscal craving a warrant for their arrest. Revocation of Licence Warrant Prisoners released on parole before completing their full sentence are released subject to 'Conditions of Licence'. Should these conditions be breached, the Court has the power to issue Revocation of Licence warrant empowering the Police to arrest the prisoner and return them to prison. Police Application for an Apprehension Warrant In some instances it may be necessary to apply for an apprehension warrant where extensive efforts have been made to trace the suspect but to no avail. The procedure for application by the police for a warrant may vary from command to command but in general terms the following procedure is followed:- Ensure that applying for a warrant is the best course of action to take - i.e. you are not able to trace the suspect/accused by some other means A warrant for an outstanding suspect is applied for by submitting a SPR "warrant craved case" to the Procurator Fiscal for their attention and consideration. Check you have included full details of the crime and the full extent of your enquiries. The Procurator Fiscal, once satisfied with the content and circumstances, will apply to the Sheriff or Justice of the Peace for a warrant In some cases you may have to speak directly to the Procurator Fiscal for permission to obtain a warrant 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Although unlikely in your probation, in urgent cases, you may have to make a verbal application directly to the Sheriff or Justice of the Peace. Your supervisor will guide you on this matter should it occur. Police Powers Available to Execute a Means Enquiry Warrant If a Means Enquiry warrant has been issued by a Court then Police have the power to request payment of fines allocated by the Court. This can be conducted in any place officers have a right to be. Only payment of the full amount is acceptable. If the subject has had the opportunity to pay and refuses to pay for whatever reason, you should arrest them. In many instances arrangements are made whereby a relative or friend will pay the outstanding fine. There is no authority to force entry attached to a Means Enquiry warrant. Any payment of fine should be corroborated and a receipt should be issued to the payee along with the warrant number, date and court of conviction along with the name of the person the warrant refers. This can be accomplished in the operational environment via use of recording the details in your Police notebook or mobile device and receipt being written once the monies are at the appropriate police station. This receipt will then be given to the named person and details again recorded of the receipt being delivered. This can equally be facilitated within a police station. Note:- Payments can also be made online by the subject or by another individual on their behalf. The facility is available via the Scottish Courts Website: www.scotcourts.gov.uk Check your local procedures on arrival at division for guidance. Key Information KI Mobile Devices should not be used under any circumstances to facilitate an individual paying an outstanding means enquiry warrant. 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Checks Prior to Executing a Warrant The common types of warrants we have discussed are ones which you will deal with on a regular basis. When you view a warrant it is essential that you are thorough in checking the content of it. Use the mnemonic ARMREST as your essential checklist before executing any warrant. Check:- Accused’s personal particulars Reason for arrest or charge Means enquiry - amount of fine outstanding (if relevant) Remember to check the date of issue Extent of police powers Signature of issuing authority The date and court where sentenced Key Information KI It should be noted that if any of the above details are incorrect then the warrant may be invalid. Enquiries When you receive a warrant there are a number of enquiries that you should make prior to executing the warrant and in particular where you cannot trace the person. These include:- PNC/CHS checks Local voters roll Criminal Intelligence Local Housing Authorities Force Liaison Officers with other agencies These will give you the latest information on a person’s possible whereabouts or associates and any checks carried out should be recorded. 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Where the subject of the warrant appears on PNC/CHS, consideration should be given to viewing their image held on record to assist with enquiries. Execution of Warrants Warrants are to be executed as soon as practicable and without undue delay, but if there are circumstances where this is oppressive or otherwise undesirable (i.e. the individual is seriously ill, just suffered a bereavement etc.) the facts should be communicated to COPFS and their instructions sought. The time and execution of the warrant must be left to the discretion of the supervisory officer in light of the circumstances known at the time. On making an arrest under warrant, the officer must inform the person apprehended of the substance of the warrant. The officer does not need to have physical possession of the warrant, an awareness of its content and existence will suffice. Note:- Ensure relevant PNC/LEDS/CHS check is complete to ensure that warrant is live/current. Whilst there is no legislative requirement for officers to physically possess the warrant to force entry, it would however be best practice if forced entry is anticipated. There may be instances where this is not practically possible to obtain the warrant in time or it may be geographically challenging to do so. Possession of a scanned copy of the warrant would be good practice on such occasions where circumstances permit. The arrested person should be shown the original warrant as soon as possible thereafter. Power of Arrest When executing a warrant, the power of arrest is derived from the warrant - not S1 Criminal Justice (Scotland) 2016 legislation. Arrest Considerations In some instances instructions may be specified on the warrant and it is essential you check the warrant before execution. 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants For example:- Not to be detained overnight DNA to be obtained These instructions must be followed. Planned Execution of a Warrant After checking the warrant, it is time to plan your tactics. Here’s what you might consider:- Arrange for sufficient officers to be present to enable control of all exits Knock at the door and, when required, state that it is the police, in possession of a warrant Inform the accused/suspect of the content of the warrant and permit them to see it without giving them the opportunity to destroy it Where appropriate check the identity of the person, caution them and note any reply Execute the warrant by searching the premises or arresting the person (depending on the type of warrant) When executing an Apprehension Warrant and entry is refused you may force entry to the house, remember best practice is to be in possession of the warrant. It should be noted, however, that whilst being lawfully entitled to force entry to the address detailed on the warrant, even though the wanted person is not, and never has been within the property, procedure would normally dictate this should only be done as a last resort where you have reasonable belief that the subject is within the property. Note:- Remember that you only have power to force entry with an apprehension warrant. The same powers do not exist for a Means Enquiry warrant. Information to be Recorded on Execution of a Warrant The following information is to be recorded within your notebook as per the Aide Memoire:- Time and place of arrest General nature of offence for which the person is arrested 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Time at which and by whom the person was advised of the rights Name, Date of birth, Place of Birth, Nationality and address of Arrested Person Where transported to following arrest by Police, time & place of arrival If released from custody before arrival at Police Station, time of release, details of liberating officer and release rationale See Notebook example. Notebook Example NE RESTRICTED T12345 Monday 20th January 2020 0745 Attended at Brookbank Police Station for duty. 0800hrs -1600hrs shift 0825 Brookbank Crescent , stopped Gary Johnston 27/02/1985(35) Aberdeen British 16/5 Forrest Glen, Brookbank, BB6 7TF 1635 PNC – Wanted Apprehension Warrant 1637 Arrested Gary Johnston on apprehension Warrant in the presence of PC 98 Dair No Reply to caution, Intimated understood caution , no reply Advised of rights as per aide memoire 1640 Gary Johnston , Handcuffed , stacked to The front , searched in presence of PC Dair RESTRICTED 41 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Scenario S You and a colleague are on a foot patrol in Culzean Gardens, Brookbank when you see David Smith who you know to be wanted on an Apprehension Warrant for theft. He sees you and runs off. You keep him within your sight and see him go into his house. You go to the door but he refuses to answer to your repeated knocking. Activity 1 A1 With your group have a look at this case study from Brookbank and decide on what course of action you intend to take. 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Categorisation of Warrants Warrants which are sent to the police are categorised as either A, B, C or Unclassified in order of seriousness. Category A All petition warrants Failure to appear at High Court of Justiciary or Sheriff and Jury Accused presents a substantial risk to the public Cases with a sexual element Warrants agreed as a local priority Category B Not Cat A but involves use or possession of weapons Not Cat A but racially aggravated or involves religious prejudice Not Cat A but involves domestic violence Serious RTA offences Undue delay warrants (where a case may be time barred if proceedings do not commence within a specified time. If the barring date falls within the 28 day timescale for execution, the warrant will be treated as Category A) Agreed locally as Cat B Category C All other warrants sent for execution which have not been categorised as A or B Unclassified Unpaid financial penalties Warrants not sent for execution 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Timescales for Execution If the accused has not been arrested, brought to the court or returned to custody within specified timescales then an enquiry record outlining the steps taken to execute the warrant should be sent to the issuing authority:- Category A - Within 21 days Category B - Within 28 days Category C - Within 60 days Unclassified - By local agreement Feedback 1 F1 Did you consider the following? It is best practice to have the warrant brought to you. Ensure you have checked that the details on it are correct and that the warrant is current by checking its status on PNC. The police powers available should be stated on the warrant Have the exit points of the house watched to prevent escape Warn the occupants that there is a warrant for their arrest and if entry is not permitted entry will be gained by force When entry is gained show the warrant, if in possession, even if not requested and be careful not to have it snatched and destroyed by the person 11 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Appendix A BK 022087322 NOW / SP / 29 October 2017 PTP 9099990234 Under the Criminal Procedure (Scotland) Act, 1995 IN THE SHERIFF COURT OF CENTRAL SCOTLAND The COMPLAINER of the PROCURATOR FISCAL against GRACE ROWLINGS WINTER 313 BURNSIDE AVENUE BROOKBANK DATE OF BIRTH : 14. 03. 1965 The charge against you is that: (001) between 19 July 2017 and 02 August 2017, both dates inclusive at Brookbank Police Station and at 313 Burnside Avenue, both Brookbank, you GRACE ROWLINGS WINTER, did falsely represent to William Bell, Mark Ball and Gareth Graig, all Constables stationed at Brookbank that a girocheque issued to yourself had not been received by you and had been stolen, and did cause officers of Brookbank maintained at the public expense for the public benefit to devote their time and services in the investigation of said representation made by you and which you knew to be false and did temporarily deprive the public of their services and did render the lieges liable to suspicion and accusation of theft and uttering. (002) On 19 July 2017 at One Stop Shop, The Sidings, Brookbank you GRACE ROWLINGS WINTER did pretend to Laura Neale, One Stop Shop, The Sidings, Brookbank that a girocheque addressed to yourself at your home address had not been received by you and did thus attempt to induce Laura Neil to issue you with a replacement girocheque and did thus attempt to obtain a girocheque to the value of £153. 12 by fraud. BK 0234191 BROOKBANK: 2017 The Court grants Warrant to apprehend the said Accused and grants warrant to search the person, dwelling house, and repositories of said Accused and any place where they may be found and to take possession of the property mentioned or referred to in the Complaint and all articles and documents likely to afford evidence of guilt or of guilty participation. SHERIFF Diet 20..-The Court Assigns, 20 , at.m., within the Court-House, as a Diet in this case. Clerk of Court. 12 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Appendix B CASE REFERENCE (S) 2003444321 ACCOUNT NUMBER 9987609874 SCRO NO. UNDER THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 BROOKBANK SHERIFF COURT ACCUSED: SCOTT GREEN ADDRESS: 27 BEAULY WYND DUNDEE DATE OF BIRTH: 25-MAY-1979 OFFENCE (S) ROAD TRAFFIC ACT 1988 S87 (1) (BAIL AGGRAVATION) ROAD TRAFFIC ACT 1988 S143 (1) & (2) (BAIL AGGRAVATION ) DATE OF TRANSFER OF FINE ORDER: 10- SEP- 17 COURT OF ORIGIN: BROOKBANK FINANCIAL PENALTIES IMPOSED: FINED £ 250. 00 ( Payable by instalment of £10.00 PER FORTNIGHT ) PRESENT INSTALMENT RATE : £10.00 PER FORTNIGHT FROM 24-SEP- 17 Amount remaining unpaid £ 250. 00 DATE: 18th NOVEMBER 2017 SHERIFF: IAN DUNBAR ACCUSED: ABSENT In respect that the above named Accused has failed to pay the outstanding balance as shown above within the times allowed, and has failed to appear in person for a fines Enquiry after being duly cited, the Court Grants WARRANT for the apprehension of the said Accused for the purposes of his appearance before the Court for enquiry under Section 216 of the criminal Procedure (Scotland) Act 1995. RONALD WRIGHT SHERIFF 13 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants For further information, use the resources shown below:- Legal Database: Police Powers and Duties - Warrants Review: You can identify the more common types of warrant You can explain how an apprehension warrant is obtained You can state the police powers available to execute a means enquiry warrant You can detail what should be checked on a warrant prior to execution You can explain the procedure to be adopted prior to executing a warrant and action at a suspect's/accused's house You can identify the categories of warrant You can state the timescales for execution of warrants 14 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 15 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 8 Warrants 16 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL