# Court Fees for Section 135 warrant **URL:** \ **Category:** Mental Health Act\ **Created:** [12 July 2024 12:29 UTC](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575 "2024-07-12T12:29:55Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![anonymous42](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/e19b73/32.png) [@anonymous42](https://forum.mentalhealthlaw.co.uk/u/anonymous42)\ **Post date:** [12 July 2024 12:29 UTC](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575/1 "2024-07-12T12:29:55Z")
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)](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/322888/guidance-warrants-entry-annex-b.pdf) 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 ---
**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Post date:** [12 July 2024 16:17 UTC](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575/2 "2024-07-12T16:17:02Z")
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. ---
**Author:** ![Bernadette](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/7bcc69/32.png) [@Bernadette](https://forum.mentalhealthlaw.co.uk/u/Bernadette)\ **Post date:** [14 July 2024 12:15 UTC](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575/3 "2024-07-14T12:15:43Z")
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!