Committal Warrant in UK Law
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Re Evans
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First, the foreign court must consider that a charge of serious crime has been properly laid against the suspect on the basis of information which justifies the issue of a warrant for his arrest. First, the foreign court must consider that a charge of serious crime has been properly laid against the suspect on the basis of information which justifies the issue of a warrant for his arrest.
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Nicholls v Nicholls
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Today it is no longer appropriate to regard an order for committal as being no more than a form of execution available to another party against an alleged contemnor. The court itself has a very substantial interest in seeing that its orders are upheld. If committal orders are to be set aside on purely technical grounds which have nothing to do with the justice of the case, then this has the effect of undermining the system of justice and the credibility of the Court orders.
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Re Nielsen
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The jurisdiction of the magistrate is derived exclusively from the statute. It arises when a person who is accused of conduct in a foreign state which if he had committed it in England would be one described in the 1870 list, (as added to and amended by later Extradition Acts) has been apprehended and brought before the magistrate under a warrant issued pursuant to an order made by the Secretary of State under section 7 or confirmed by him under the last paragraph of section 8.
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JSC Bta Bank v Mukhtar Ablyazov & 6 Others
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If that is wrong, then in my judgment the court has inherent jurisdiction to issue ancillary orders designed to make effective orders which it has previously issued. That jurisdiction is confirmed by the authorities to which Mr Smith referred. He has decided to go into hiding, either here or abroad and has thereby sought to frustrate the court's order. An order that he surrender to the tipstaff will enable the tipstaff to execute the court's warrant.
In the present case it is not suggested that Mr Ablyazov's failure to comply with the order for disclosure of assets will impede the court's ability to conduct a fair trial of the issues in the action. Were it otherwise, the court would be powerless when faced with a defendant who refused to comply with an order for the disclosure of his assets and when sentenced to be imprisoned for his contempt of court went into hiding in order to avoid the execution of that sanction.
So far as the surrender order is concerned, an unless order will be an incentive to comply with that order. Since compliance will enable the tipstaff to execute the warrant of arrest, it is appropriate that it be imposed. If the warrant is not executed, the proceedings will, in that respect, be unsatisfactory because the committal is designed to persuade Mr Ablyazov to comply with the freezing order and so ensure a fair trial in the full sense of that phrase.
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R v Scriven
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It is one thing for Ms Rayne to establish in principle the reasons for serving a committal order. He had deliberately stayed away from the committal proceedings; he must have known through Ms Rayne, long before the date of his arrest, that a warrant was out for him; and he is unable even now to suggest that it would have made any difference to his course of conduct up to the moment of arrest had the committal order been physically served upon him.
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Serious Crime Act 2015
... ... in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered)." ... (2) For ... (2) The court may- ... (a) issue a warrant for the accused's arrest, or ... (b) issue a citation to the accused ... ...
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Extradition Act 1870
... ... S-7 ... Order of Secretary of State for issue of warrant in United Kingdom if crime is not of a political character. 7 Order of ... S-10 ... Committal or discharge of prisoner. 10 Committal or discharge of prisoner ... ...
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Fugitive Offenders Act 1967
... ... Secretary of State, to the court of committal or to the High Court ... or High Court of Justiciary on an application for ... ) in the case of a person accused of an offence, a ... warrant for his arrest issued in that country; ... ) in the case of a person ... ...
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Extradition Act 1989
... ... to the foreign state requesting his return if the court of committal is satisfied that the evidence would be sufficient to F16make a case ... (2A) below, information sufficient to justify the issue of a warrant for his arrest under this Act) ;(c) in the case of a person accused of an ... ...
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The Suspended Sentence in Magistrates' Courts
... ... as meriting imprisonment-but it suspends the execution of the committal warrant for a set period. If during the period of suspension the ... ...
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Mass Identification—By Photography and Fingerprints
... ... would be required-one for each charge sheet, and one for the committal warrant should the offender receive a gaol sentence. If a photograph ... ...
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The Long Arm of the Law
... ... informed the Court that when making out the com- mittal warrant in respect of Wilkes it was found that owing to a clerical error ... deleted there remained no property upon which to issue a' committal warrant. He therefore ordered that Wilkes be released from custody ... ...
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Reformative Value of Money Payments Act
... ... tihe Court could do was to issue a warrant of com- ... imprisonment, did not always have sufficient regard ... who signed the committal warrant could never have ... ...
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Contemnor Required To Attend An In Person Hearing For Cross Examination (Deutsche Bank AG v Sebastian Holdings Inc And Another)
... ... suspended warrant for committal has been ordered to attend in ... person for cross ... ...
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Contempt Of Court: Why Ignoring A Court Order Could Land You In Serious Trouble
... ... An application for committal for contempt will normally be instigated by the opposing party although ... A warrant of arrest issued by the High Court will be circulated on the police ... ...
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Insurance And Reinsurance Weekly Update - 13 March 2012
... ... The order was also essential because it was unlikely that the warrant of committal could be executed (and, indeed, the warrant could definitely ... ...
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Maximum Custodial Sentence Imposed For Contempt Under New CPR 81 - XL Insurance Company SE V IPORS Underwriting Ltd, Paul Alan Corcoran & Others [2021] EWHC 1407 (Comm)
... ... to issue a bench warrant, noting that (unlike the previous CPR 81) ... the power do so is now ... be given a second chance if he ignored the hearing for ... committal ... Whilst the Judge drew on much that was said about sentencing in ... ...
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Warrant of committal (general) (rule 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Request for Warrant of Committal (Judgment summons)
County Court forms including the N1 money claim form.
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Warrant of committal (of prisoner) (rule 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Warrant of committal (contempt in face of court) (rules 81.16 and 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.