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Execution of a bench warrant

(12 Posts)
doinmummy Thu 04-Oct-12 20:10:56

A bit of background....we caught a burglar red handed. He went to magistrates court where he pleaded guilty. The case was referred to crown court for sentencing.

I've looked on the court website and it says 'Execution of Bench Warrant'

Does anyone know what this means?

It's made me go all shaky seeing the blokes name in front of me and not knowing what his sentence is .

WinklyFriedChicken Thu 04-Oct-12 20:15:44

A bench warrant is one that is issued by the judge ie 'the bench' when someone has failed to appear at court to enable them to be arrested and brought before the court.

WinklyFriedChicken Thu 04-Oct-12 20:18:01

So what that probably means is that they didn't attend a hearing, a warrant was issued and they appeared in front of the court for the breach to be dealt with. May have been sentenced if the judge had already declared it, but may be held in custody or even bailed pending a new sentencing date. Call the court in the morning, they should tell you.

doinmummy Thu 04-Oct-12 20:18:25

Thankyou Winkly. I cant believe he has failed to appear....stupid stupid idiot. The trouble is we were hoping for some sort of closure today ie finding out what his punishment would be ( I had fingers crossed for a prison sentance).

It's left it all up in the air again.

doinmummy Thu 04-Oct-12 20:19:25

He had to go to Crown Court today for sentancing.

BCBG Thu 04-Oct-12 21:13:22

All I can tell you is that if he has been sent to the CC for sentencing then it is beyond the magistrates' powers to deal with: with burglary it often (but not always) means that they have reached the three strikes and out; means that it is likely that he will attract a sentence greater than the 6 months (one offence) or twelve months (two offences) that the magistrates can give. Doesn't guarantee that the CC judge will agree, but it means that the magistrates considered that the appropriate punishment exceeded their powers. Hope that helps.

BCBG Thu 04-Oct-12 21:16:22

Re-read thread, sorry, and Winky is right: if he was due for sentencing today at the CC and didn't appear, the CC judge will have ordered the immediate execution of a warrant for arrest. He will be sentenced when they pick him up and if he has failed to answer bail then it is very likely that he will receive a custodial sentence.

doinmummy Thu 04-Oct-12 22:19:55

Thankyou BCBG. It's so frustrating. I now have some idea of how victims feel when the perpetrator gets let off or gets a very short sentence.

scurryfunge Thu 04-Oct-12 22:24:22

It usually means go to jail, go directly to jail, do not pass go and do not collect £200.

doinmummy Thu 04-Oct-12 22:40:33

I hope so, but he has to be caught first. I dont suppose the Police will hunt him down will they? Is it just left to chance that he will get caught for something else and when they check they find he has a warrant againt him ?

WinklyFriedChicken Fri 05-Oct-12 10:09:55

That would usually depend on whether he was a prolific priority offender or not - if he is, then usually some department or other would be tasked with finding him. If he is a low level offender then it wouldn't be a top of the pile job I'm afraid.

WinklyFriedChicken Fri 05-Oct-12 10:10:31

You could always call the officer dealing for an update and to give them a gentle nudge.

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