Section 140-142 Administration of Criminal Justice Act 2015 NG

Section 140-142 of the Administration of Criminal Justice Act 2015

Section 140, 141, 142 of the Administration of Criminal Justice Act 2015 is under PART 17 (SAVING OF VALIDITY OF PROCESS) of the Act.

Section 140 Administration of Criminal Justice Act 2015

Validity of process: warrant of commitment and warrant of distress

(1) A warrant of commitment shall not be held void by reason of any defect in it, where it is alleged that the defendant has been convicted, or ordered to do or abstain from doing an act or a thing required to be done or left undone, and there is a good and valid order to sustain the warrant.

(2) A warrant of distress shall not be held void by reason of any defect, where it is alleged that an order has been made, and there is a good and valid ground to sustain the order, and a person acting under a warrant of distress is not deemed a trespasser from the beginning by reason of any defect in the warrant or of any irregularity in the execution of the warrant.

(3) This Act shall not prejudice the right of a person to compensation for any special damage caused by defect in or irregularity in the execution of a warrant of distress.

Section 141 Administration of Criminal Justice Act 2015

General addressee of process for issue and execution

(1) In addition to the provisions of sections 36 and 40 of this Act in respect of warrants of arrest, all summonses, warrant of every description and process of whatever description shall be sufficiently addressed for service or execution by being directed to the Sheriff.

(2) Notwithstanding the provisions of subsection (1) of this section, a warrant or summons may be addressed to a person by name or to an officer by his official designation.

(3) Where a warrant of arrest is addressed to the Sheriff the warrant may be executed by a police officer or officer of a court.

Section 142 Administration of Criminal Justice Act 2015

Certain provisions applicable to all summonses and warrants in criminal matters

The provisions contained in this Act in respect of warrants of arrest, and the provisions contained in this Part relating to summonses, warrants of any description and other process and their issuance, service, enforcement and execution shall, so far as may be, apply to every summons, warrant of any description and other process issued in respect of matters within the criminal jurisdiction of the court.