mittimus

Mittimus, from the Latin mittimus meaning “we send,” is a writ or order issued by a court directing that a person be committed to the custody of a jailer or prison. It serves as the formal instrument by which custody is transferred from the court to the appropriate penal institution, and it may accompany or follow a sentence of imprisonment.

In common law and many contemporary systems, a mittimus is issued after a conviction and sentencing, specifying the offender’s name, the offense, the length and terms of the sentence, and the custodial authority to receive the prisoner. It may also be used to authorize the transfer of a prisoner between facilities or to another jurisdiction, or to deliver a defendant into custody for confinement during proceedings.

Historically, mittimus was a writ in English practice commanding the sheriff or gaoler to imprison or transport the prisoner to the place of confinement. The term remains in use in some jurisdictions, although many systems use expressions such as “commitment warrant” or “order of commitment” in place of mittimus.

Related concepts include the writ of habeas corpus, warrants of commitment, and the broader process of sentencing and imprisonment.