Which judgments make a detention warrant lose effect, and at what moment does that loss occur?
General information · Not legal advice
Material to check
In a practice file we read the certified copy of the judgment to see which outcome it declares, the detention warrant still held for the accused, and the custody record showing whether the accused was still detained at the moment the verdict was pronounced.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the loss of effect to the moment of pronouncement: when a judgment of acquittal, a dismissal on grounds relating to the offence, an exemption from punishment, a suspension of sentence, a suspension of execution of the sentence, a dismissal of the prosecution, or an imposition of a fine or petty fine is pronounced, the detention warrant loses effect at that point, and the provision states no further step or waiting period.
Another reading stresses the closed list of outcomes: a judgment imposing a prison term appears nowhere in it, so on the face of this provision such a verdict leaves the warrant in force, and the loss of effect turns on which outcome the judgment declares rather than on the seriousness of the punishment imposed.
Your judgment
If the accused is still held after a judgment was pronounced, what in the file shows which outcome that judgment declared at that moment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove any listed outcome, or to change the moment the warrant loses effect, or if a court decision explains which judgments fall within a listed outcome.