If the police have the power to execute a warrant for arrest (also mis-spelled ‘warrent for arrest’) it is because it will have been issued by a Court (usually a Magistrates’ Court) in connection with criminal proceedings.
Arrest warrants give the police the power to:
- arrest a suspect,
- detain them, and
- produce the suspect before a court.
It is important to note that the arrest warrant must be valid, and that the police do not exceed their powers or act outside of its scope when executing it. If they do, you may be entitled to compensation for an unlawful arrest warrant. (Click on the link for more information.)
Warrant for Arrest of Suspects and Witnesses
An arrest warrant (or ‘arrest warrents’) can be issued for both suspects and witnesses in criminal court proceedings.
The conditions for issuing a warrant of arrest on a suspect are:
- the Court must be satisfied that the suspect has committed, or is suspected of committing, a criminal offence,
- the suspect the police want an arrest warrant for is over 18,
- the offence stated in the warrant for arrest is indictable and, if punishable, would result in imprisonment,
- the suspect’s address is not so established that a summons alone would be good enough, and
- the necessary information must be provided in writing (s.1 of the Magistrates’ Courts Act 1980)
For witnesses in criminal cases, warrants for arrest can only be issued if:
- the Court hears evidence on oath,
- the police satisfy the Court that the witness is likely to be able to give material evidence, documentation or a thing which would assist at a trial,
- issuing the arrest warrant is in the interests of justice to ensure that the witness attends trial to give evidence, produce the documentation required (or the thing), and
- that a warrant for arrest is required because a court summons alone is unlikely to be enough to ensure that the witness attend trial.
Police Arrest Without a Court-Issued Warrant for Arrest
Although we are dealing with arrest warrants here, the police do not always need a valid warrant to arrest a suspect.
If you think that you are a victim of false imprisonment as a result of a wrongful arrest and want more information about this, click on the link.
Solicitors Who Will Help With a Warrant for Arrest Claim in the UK
If you have been arrested by the police as a result of a defective or unlawful arrest warrant, or if the police exceeded their powers or acted outside of its scope, you may be entitled to compensation.
Donoghue Solicitors are experts at dealing with arrest warrants claims. For more information for how to start your arrest warrant claim in the UK, you can:
- read more about us or go to our dedicated actions against the police page,
- call 08000 124 246 to speak to one of our expert actions against the police solicitors, or
- complete the online form on this page for one of our solicitors to review your case.
We’re waiting to help you start your warrant for arrest claim.
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