Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Arrest warrant
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==United Kingdom== The procedure for issuing arrest warrants differs in each of the three legal jurisdictions. ===England and Wales=== In [[England and Wales]], arrest warrants can be issued for both suspects and witnesses. Arrest warrants for suspects can be issued by a [[justice of the peace]] under section 1 of the [[Magistrates' Courts Act 1980]] if information (in writing) is laid before them that a person has committed or is suspected of having committed an offence.<ref name="MCA 1980 S1">[http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=3208602&parentActiveTextDocId=3208594 section 1 of the Magistrates' Courts Act 1980]. Statutelaw.gov.uk. Retrieved on 2011-05-29.</ref> Such arrest warrants can only be issued for someone over 18 if at least one of the following is true:<ref name="MCA 1980 S1"/> * The offence the warrant relates to is an [[indictable offence]], or is punishable with [[imprisonment]]. * The person's address is not sufficiently established to serve a summons there. Arrest warrants for witnesses can be issued if: *A justice of the peace is satisfied on oath that:<ref name="MCA 1980 S97">[http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=3208594&ActiveTextDocId=3208748 section 97 of the Magistrates' Courts Act 1980]. Statutelaw.gov.uk. Retrieved on 2011-05-29.</ref> **Any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information by a magistrates' court, **It is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing, and **It is probable that a summons would not procure the attendance of the person in question. *or if:<ref name="MCA 1980 S97"/> **A person has failed to attend court in response to a summons, **The court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings, **It is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons, and that a reasonable sum has been paid or tendered to him for costs and expenses, and **It appears to the court that there is no just excuse for the failure. ===Scotland=== In Scotland, a ''warrant to apprehend'' may be issued if a defendant fails to appear in court.<ref>{{cite web|title=Criminal Procedure (Scotland) Act 1995|url=http://www.legislation.gov.uk/ukpga/1995/46/section/102A?view=plain|access-date=30 January 2015}}</ref> ===Northern Ireland=== In [[Northern Ireland]] arrest warrants are usually issued by a [[magistrate]].
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)