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.
Rating: ***** Excellent service! Following a recent car accident, Donoghue Solicitors made a very stressful and difficult time so much easier. Their speed of response, consistent communication and helpful professional manner, really made a bad situation so much better. A wonderful company to deal with – Highly recommended. Read more reviews here.
Rating: ***** Quick, concise and thorough, highly recommended After using several solicitors within Liverpool and Manchester I can honestly say this is the best one I have come across. I was given Mr Donoghue’s name as a recommendation from a friend after an accident. Right from the get-go Mr Donoghue was all over it – I… Read more »
Dear Kevin, I would like to thank you for all your help over the past year or so. My family and me had a fantastic Christmas and its all thanks to you. I cannot explaine [sic] how happy I was to receive that money, not alot left but kids had a fantastic Christmas and my… Read more »
Rating: ***** Professional and driven solicitors who see the job through to the end. Kevin Donoghue & the staff at Donoghue solicitors worked hard and with enthusiasm on my case for 3 years. They did exactly what they said they would do informing me at every stage and ensuring that I received One Hundred per… Read more »
