Arrest warrant
Encyclopedia
An arrest warrant is a warrant
issued by and on behalf of the state, which authorizes the arrest
and detention
of an individual.
under the Criminal Code of Canada
.
Once the warrant has been issued, section 29 of the Code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so.
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. Such arrest warrants can only be issued for someone over 18 if:
Arrest warrants for witnesses can be issued if:
arrest warrants are usually issued by a magistrate
.
s but can also be issued by one of the chambers of the United States Congress
or other legislature
s (via the call of the house
motion
) and other political entities.
In the United States, an arrest warrant must be supported by a signed and sworn affidavit
showing probable cause
that a specific crime(s) has been committed by the individual(s) named in the warrant.
In most jurisdictions, an arrest warrant is required for misdemeanors which usually do not occur within the view of a police officer. However, as long as police have the necessary probable cause
, a warrant is usually not needed to arrest someone suspected of a felony
. Laws vary from state to state.
issued by a court
or magistrate
, directing the sheriff
or other executive officer to convey the person named in the writ to a prison or jail, and directing the jailor to receive and imprison the person.
An example of the usage of this word is as follows: "... Thomas Fraser, Gregor Van Iveren and John Schaver having some time since been Confirmed by the Committee of the County of Albany for being Persons disaffected to the Cause of America and whose going at large may be dangerous to the State, Ordered Thereupon that a Mittimus be made out to keep them confined till such time as they be discharged by the Board or any other three of the Commissioners." Minutes of the Commissioners for detecting and defeating Conspiracies in the State of New York, Albany County Sessions,1778–1781. (Albany, New York: 1909) Vol. 1, Page 90
In police jargon, these writs are sometimes referred to as a writ of capias, defined as orders to "take" a person or assets. Capias writs are often issued when a suspect fails to appear for a scheduled adjudication, hearing, etc.
—possibly as a result of that person's failure to appear at the appointed time and date for a mandated court appearance. Bench warrants are issued in either criminal
or civil
court proceedings.
Commonly (but not always), the person who is subject to a bench warrant has intentionally avoided a court appearance to escape the perceived consequences of being found guilty of a crime. If a person was on bail
awaiting criminal trial when the nonappearance took place, the court usually forfeits bail and may set a higher bail amount to be paid when the subject is rearrested, but normally the suspect is held in custody without bail
. If a person has a bench warrant against him when stopped by a law enforcement officer, the authorities put them in jail and a hearing is held. The hearing usually results in the court setting a new bail amount, new conditions, and a new court appearance date. Often, if a person is arrested on a bench warrant, the court declares them a flight risk (likely to flee) and orders that person to be held without bail.
Bench warrants are traditionally issued by sitting judge
s or magistrate
s.
is intentionally evading law enforcement, is unaware that a warrant is out for him/her, the agency responsible for executing the warrant has a backlog of warrants to serve, or a combination of these factors.
Some jurisdictions have a very high number of outstanding warrants. The U.S. state of California
in 1999 had around 2.5 million outstanding warrants, with nearly 1 million of them in the Los Angeles
area. The city of Baltimore, Maryland, had 100,000 as of 2007. New Orleans, Louisiana, has 49,000.
Some places have laws placing various restrictions on persons with outstanding warrants, such as prohibiting renewal of one's driver's license
or obtaining a passport
.
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
issued by and on behalf of the state, which authorizes the arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
and detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
of an individual.
Canada
Arrest warrants are issued by a judge or justice of the peaceJustice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
.
Once the warrant has been issued, section 29 of the Code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so.
United Kingdom
The procedure for issuing arrest warrants differs in each of the three legal jurisdictions.England and Wales
In England & Wales, arrest warrants can be issued for both suspects and witnesses.Arrest warrants for suspects can be issued by a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
under section 1 of the Magistrates' Courts Act 1980
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...
if information (in writing) is laid before them that a person has committed or is suspected of having committed an offence. Such arrest warrants can only be issued for someone over 18 if:
- the offence to which the warrant relates is an indictable offenceIndictable offenceIn many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
or is punishable with imprisonmentImprisonmentImprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
, or - the person's address is not sufficiently established for a summons to be served on him.
Arrest warrants for witnesses can be issued if:
- a justice of the peace is satisfied on oath that:
- 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:
- 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.
Northern Ireland
In Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
arrest warrants are usually issued by a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
.
United States
Warrants are usually issued by courtCourt
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s but can also be issued by one of the chambers of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
or other legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
s (via the call of the house
Call of the house
A call of the house is a motion which can be adopted by a deliberative assembly that has the authority to compel the attendance of its members in the absence of a quorum...
motion
Motion (democracy)
A motion is a formal step to introduce a matter for consideration by a group. It is a common concept in the procedure of trade unions, students' unions, corporations, and other deliberative assemblies...
) and other political entities.
In the United States, an arrest warrant must be supported by a signed and sworn affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
showing probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
that a specific crime(s) has been committed by the individual(s) named in the warrant.
In most jurisdictions, an arrest warrant is required for misdemeanors which usually do not occur within the view of a police officer. However, as long as police have the necessary probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
, a warrant is usually not needed to arrest someone suspected of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. Laws vary from state to state.
Mittimus
A mittimus is a writWrit
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
issued by a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
or magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
, directing the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
or other executive officer to convey the person named in the writ to a prison or jail, and directing the jailor to receive and imprison the person.
An example of the usage of this word is as follows: "... Thomas Fraser, Gregor Van Iveren and John Schaver having some time since been Confirmed by the Committee of the County of Albany for being Persons disaffected to the Cause of America and whose going at large may be dangerous to the State, Ordered Thereupon that a Mittimus be made out to keep them confined till such time as they be discharged by the Board or any other three of the Commissioners." Minutes of the Commissioners for detecting and defeating Conspiracies in the State of New York, Albany County Sessions,1778–1781. (Albany, New York: 1909) Vol. 1, Page 90
In police jargon, these writs are sometimes referred to as a writ of capias, defined as orders to "take" a person or assets. Capias writs are often issued when a suspect fails to appear for a scheduled adjudication, hearing, etc.
Bench warrant
A bench warrant is a variant of an arrest warrant that authorizes the immediate on-sight arrest of the individual subject to the bench warrant. Typically, judges issue bench warrants for persons deemed to be in contempt of courtContempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
—possibly as a result of that person's failure to appear at the appointed time and date for a mandated court appearance. Bench warrants are issued in either criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
or civil
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
court proceedings.
Commonly (but not always), the person who is subject to a bench warrant has intentionally avoided a court appearance to escape the perceived consequences of being found guilty of a crime. If a person was on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
awaiting criminal trial when the nonappearance took place, the court usually forfeits bail and may set a higher bail amount to be paid when the subject is rearrested, but normally the suspect is held in custody without bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
. If a person has a bench warrant against him when stopped by a law enforcement officer, the authorities put them in jail and a hearing is held. The hearing usually results in the court setting a new bail amount, new conditions, and a new court appearance date. Often, if a person is arrested on a bench warrant, the court declares them a flight risk (likely to flee) and orders that person to be held without bail.
Bench warrants are traditionally issued by sitting judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s or magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s.
Outstanding arrest warrant
An outstanding arrest warrant is an arrest warrant that has not been served. A warrant may be outstanding if the person named in the warrantFugitive
A fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals...
is intentionally evading law enforcement, is unaware that a warrant is out for him/her, the agency responsible for executing the warrant has a backlog of warrants to serve, or a combination of these factors.
Some jurisdictions have a very high number of outstanding warrants. The U.S. state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
in 1999 had around 2.5 million outstanding warrants, with nearly 1 million of them in the Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
area. The city of Baltimore, Maryland, had 100,000 as of 2007. New Orleans, Louisiana, has 49,000.
Some places have laws placing various restrictions on persons with outstanding warrants, such as prohibiting renewal of one's driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
or obtaining a passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
.