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Magistrates’ Courts Act 1980

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Change 1

What to do with it
As published

125D Execution by person not in possession of warrant.

(1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time. (2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time. (3) Subsection (2) above applies to— (a) a warrant to arrest a person in connection with an offence; (b) a warrant under section 313, 314 or 317 of the Armed Forces Act 2006; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) a warrant under section 47(8) of the Family Law Act 1996 (failure to comply with occupation order or non-molestation order); (e) a warrant under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998 (unwilling witnesses); (f) a warrant under paragraph 3(2) of Schedule 4 to the Sentencing Code (offenders referred to court by youth offender panel); and (g) a warrant under section 55, 76, 93, 97 or 97A above. (4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or , in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.

Your change, as a redline

125D Execution by person not in possession of warrant.

(1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time. (2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time. (3) Subsection (2) above applies to— (a) a warrant to arrest a person in connection with an offence; (b) a warrant under section 313, 314 or 317 of the Armed Forces Act 2006; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) a warrant under section 47(8) of the Family Law Act 1996 (failure to comply with occupation order or non-molestation order); (e) a warrant under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998 (unwilling witnesses); (f) a warrant under paragraph 3(2) of Schedule 4 to the Sentencing Code (offenders referred to court by youth offender panel); and (g) a warrant under section 55, 76, 93, 97 or 97A above. (4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or , in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.

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