Source: All England Reporter
Publisher Citation: [2001] All ER (D) 351 (Feb)
Court: Court of Appeal, Civil Division

Lord Woolf CJ, May and Mance LJJ

Representation Tim Owen QC and David Hall (instructed by Watson Woolhouse, Middlesbrough) for the claimant;.
  Robert Seabrook QC and Peter Johnson (instructed by the Police Solicitor, Middlesbrough) for the defendant.
Judgment Dates: 27 February 2001


Magistrates - Warrant - Execution - Default warrant - Police arresting claimant in connection with criminal offences - Police being aware at time of arrest that default warrant having been issued by magistrates' court in respect of non-payment of fine by claimant - Police not executing warrant until after completion of investigation into criminal offences - Whether police having discretion when to execute warrant.

The Case

The police had a discretion when to execute a default warrant issed by a magistrates' court.

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