Withdrawal of warrants

• Withdrawal of Bench Warrants
• Decision to withdraw a warrant - factors to consider
• Timeline and procedure to withdraw a magistrates' court warrant
• Levels of decision-making

Withdrawal of Bench Warrants

The timing of the execution and review of outstanding warrants is an operational matter for the police. However, the CPS has a continuing duty of review to ascertain whether any proceedings for which it is responsible should continue or the warrant should be withdrawn. In addition, the court has to consider each application to withdraw.

Decision to withdraw a warrant – factors to consider

Each case must be reviewed on its own facts and on its own merits. The factors to consider will vary from case to case but are likely to include the following:

• the gravity of the offence;
• the staleness of the offence;
• the likely penalty, bearing in mind the delay between offence and sentence;
• the strength of the evidence, bearing in mind the passage of time;
• the accused's character and antecedents (including bail history);
• the nature of the offence and its impact upon the victim, and the redress available to him or her;
• the likelihood of the victim being traced and/or attending court.

Representations as to bail are part of the conduct of proceedings for which the CPS is responsible. The police should only apply to withdraw warrants in Police-led Prosecution cases, which are not dealt with by the CPS until the case has become de-specified upon the entry of a not guilty plea.

It should be noted that if the defendant was not on bail when the warrant was issued (e.g. because the case began by summons or first instance warrant) there will be no related Bail Act offence.

Timeline and procedure to withdraw a magistrates' court warrant

The CPS Area will ask their Police Force to provide updated information on each outstanding warrant case in accordance with the Standard Operating Procedure. It is important that the overall process and timescales are adhered to although they may be supplemented by local review arrangements. Resources can be wasted in managing warrant cases that remain outstanding when there is no longer any prospect of conviction or where it is not in the public interest to proceed.

Following review, the Police will provide the CPS with the results of their enquiries, setting out which warrants they consider should be withdrawn, and which warrants they think should continue in force, providing reasons in each case.

As part of the process for considering whether to withdraw, the CPS may also ask the police:

• whether the accused has appeared and been sentenced at another court since the warrant was issued (it is not unknown for outstanding warrants to be overlooked);
• what efforts have been made to execute the warrant;
• whether there is any realistic prospect of arresting the defendant in the future;
• whether there has been any change of circumstances, e.g. whether witnesses are no longer available or no longer willing to give evidence;
• whether the victim's views have been requested and taken into consideration;
• any other applicable public interest factors in the Code that should be borne in mind;
• whether the defendant has frustrated attempts to execute the warrant.

CPS prosecutors will also review the substantive offences in accordance with the Full Code Test of the Code for Crown Prosecutors, i.e. the evidential and public interest stages. They must bear in mind that mere lapse of time does not itself mean that either of these stages can no longer be satisfied.

If the reviewer decides that the substantive offence should be discontinued, any related Bail Act offence should also be reviewed. Failure to surrender to bail granted by a court is a serious offence. It is important that the CPS is not seen to diminish its gravity. If the reviewer decides that the substantive offence is to continue, the warrant should also continue.

Having received any necessary further information from the police, the CPS will advise their local courts which warrants they consider should be withdrawn, and those that should continue in force, providing reasons in each case.

Courts will be asked to list cases for consideration of renewal/withdrawal of warrants in specific sessions on a regular basis, by arrangement, dependent on the volume of casework in that Area. A withdrawal of warrants court session can be in the form of separate sessions for each magistrates' court, or a combined session for all courts in a local Area.

If the court holds a specific withdrawal of warrants session, a prosecutor should attend on behalf of the CPS. The court will be provided with the reviewing lawyer's assessment to support their applications and hear CPS representations as to how they wish to proceed.

The following options are available to the court:

• the warrant is withdrawn; or
• the warrant is not withdrawn, but the case is put over for further enquiries to be made, or for further attempts at executing the warrant to be carried out.
• the warrant is not withdrawn, but the prosecution offers no evidence and the magistrates dismiss the case.

If the defendant has been convicted prior to the warrant being issued, either in person or in his absence, the court may wish to proceed to sentence in the defendant's absence where it is competent to do so.

The court should make a decision in open court whether or not the warrant is to be withdrawn. If the warrant is to be withdrawn, the court must immediately notify the police, in order that the force can update the Police National Computer to reflect that the defendant is no longer on warrant. The police must then return the warrant to the court and notify CPS when done.

The CPS will send any Direct Communication with Victims letter as required when a charge is withdrawn.

Levels of decision-making

A decision to withdraw a bench warrant should be endorsed by an experienced prosecutor. Where the warrant relates to a charge which must be dealt with by a prosecutor of a suitable grade, the decision to withdraw a bench warrant should be endorsed by that prosecutor.