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Home » Professionals » Legal Guidance » A to C » Backing of Warrants

Backing of Warrants

Confirmed Up to date – 23/01/08 

Principle

The “backing of warrants” system is a process for returning accused or convicted persons between England or Wales and the Isle of Man and the Channel Islands. It is a form of extradition although the words “extradition” or “extradite” do not appear in the relevant legislation for England and Wales.

Guidance

Section 126 Magistrates’ Courts Act 1980 (Stone’s Justices’ Manual, 1-2209) and Section 13 Indictable Offences Act 1848 (Stone’s Justices’ Manual, 8-9880) apply to the execution in the Isle of Man and the Channel Islands of warrants issued in England or Wales and vice- versa.

A warrant is issued by a judicial authority in the jurisdiction seeking an offender’s return. This is then sent by the police force which obtained the warrant to its counterpart force in the requested jurisdiction. If the latter is satisfied that the offender is likely to be found there, the warrant is endorsed (“backed”) by judicial authority and the offender arrested. The respective police forces will then make arrangements for the offender to be transferred to the requesting jurisdiction.

There is no requirement to place evidence before the Court showing there is a case against the offender.

The CPS generally has no role in either the outgoing incoming procedure, although the police will sometimes ask the about the procedure for having a warrant, issued in England or Wales, backed for execution. The police should be advised to contact their counterparts (for which “The Police and Constabulary Almanac” is invaluable) in the jurisdiction in which the offender is believed to be.

Note:

  • Returns between the UK and the Republic of Ireland, which were formerly conducted on the backing of warrants basis, are now conducted under the European Arrest Warrant Scheme and regulated by Parts 1 and 3 of the Extradition Act 2003 (see guidance on Extradition).
  • The system also formerly applied to returns between England/Wales and Scotland and Northern Ireland. However, those arrangements now consist of cross-border enforcement. The warrants do not have to be backed and may be executed by any constable of the country of issue or of the country of execution (seen guidance on Cross-Border Enforcement).