Court Fees for Section 135 warrant

Law and practice Mental Health Act
1

I’m trying to clarify what the correct fee is for a Section 135 warrant?

The fees set by virtue of Schedule 1 to the Magistrates Courts Fees Order 2008 (SI2008/1052) -
19 - Warrant of entry
19.1 - On the application for a warrant of entry

I have looked at various documents - the most up to date fee I’ve found under this schedule is a proposed change to increase this fee from £22 to £24.

Several supporting documents would support this fee -
DoH publication “Review of the Operation of Sections 135 and 136 of the Mental Health Act 1983”, Dec 2014, refers to the cost of warrant being £20 (pg 57) - 2014

as does MHA Manual, R Jones 26th edition (page 584).

Magistrates Courts are charging a fee of £89 for a warrant. When I queried this I was informed by the Court that a Section 135 warrant is NOT (9.1) Application for a warrant of entry (£24) but an Application for any other warrant (£89) (same schedule but different heading).

The Court advised the 9.1 description is for utility companies requiring entry. After a bit more research I found a link below which again would suggest S135 warrants fit into the same category.

Guidance for warrants of entry: Annex B (publishing.service.gov.uk)

Going around in circles, I would be grateful if there is anyone who could please clarify why the higher fee is being charged by the Courts.

Many thanks

2

Because the warrant isn’t just for entry but permits other actions, such as removal to a place of safety. A pain I know, but the courts service has always resisted any attempts to be more flexible.

3

No cost involved in seeking/obtaining a warrant in similar circumstances in Northern Ireland under Article 129 of the Mental Health (Northern Ireland) Order 1986.
Surprised that this is not the case in your jurisdiction!