This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover how arrest warrants are issued during court proceedings in England and Wales, including the legal framework, step‑by‑step process, reasons warrants are granted, and what happens after a warrant is issued. This guide is clear, comprehensive and accessible for professionals and members of the public alike.
An arrest warrant is a formal court order authorising the arrest of a person so that they can be brought before a court to answer criminal charges or comply with a judicial requirement. In the criminal justice system of England and Wales, arrest warrants play a vital role in ensuring that individuals who are wanted by the courts - whether because they are suspects in a criminal investigation, have failed to appear in court, or are otherwise required - can be lawfully apprehended. This article explains how arrest warrants are issued during court proceedings, what legal tests and procedures apply, and what rights and practical considerations arise for those involved.
What Is an Arrest Warrant?
An arrest warrant is a written order issued by a magistrates' court or other judicial authority directing law enforcement officers to arrest the named individual and bring them before the court. The warrant will typically include the person's identity, the offence they are wanted for (or the reason for the warrant), and the court before which they must appear.
Unlike an arrest without a warrant - which police may make on the basis of reasonable grounds to suspect an offence under statutory powers (such as Section 24 of the Police and Criminal Evidence Act 1984) - an arrest warrant is explicitly issued by a court and provides clear authority to detain someone.
Legal Basis for Arrest Warrants
The authority for courts to issue arrest warrants in England and Wales primarily derives from a combination of statute and procedural rules. Key provisions include:
- Section 1 of the Magistrates' Courts Act 1980 - empowering a magistrates' court to issue a warrant for the arrest of a suspect on the basis of written information that a person has committed or is suspected of committing an offence.
- Section 97 of the Magistrates' Courts Act 1980 - allowing the court to issue an arrest warrant for a witness who fails to attend after being summoned and whose attendance is material to proceedings.
- Criminal Procedure (Attendance of Witnesses) Act 1965 and Senior Courts Act 1981 - containing further authority for arrest warrants in different stages of criminal proceedings.
- Criminal Procedure Rules - setting out administrative processes for warrants, including their form and execution.
These powers ensure that courts have the necessary legal tools to compel attendance and uphold the administration of justice.
Situations When Arrest Warrants Are Used
Arrest warrants may be issued in several contexts during criminal proceedings:
1. At the Start of Proceedings or Investigation
A court can issue an arrest warrant for a suspect who has not yet been brought before the court where normal methods of contacting them (such as a summons or written charge) have been unsuccessful or are inappropriate. This is most common when:
- The offence is indictable or punishable with imprisonment;
- The suspect's address is unknown or unreliable; or
- There is a need to ensure that the suspect is brought promptly before the court.
2. When a Defendant Fails to Appear
If a person has been charged and a summons has been issued but they fail to attend court at the appointed date and time, the court may issue an arrest warrant so that the individual can be apprehended and returned to face proceedings. This can arise in both magistrates' courts and the Crown Court.
3. For Witnesses or Others Required for Proceedings
Consequences may arise if a witness or other person who has been ordered to attend court (for example under a summons) fails without good excuse. A warrant for their arrest can be issued to ensure their attendance.
These uses reflect the court's inherent duty to ensure that those subject to its orders are present when required for the fair administration of justice.
Step‑by‑Step: How an Arrest Warrant Is Issued
Step 1: Application to the Court
A warrant may be applied for by a prosecutor, police, or authorised party involved in the proceedings. The application must:
- Identify the person to be arrested;
- Specify the grounds for issuing the warrant - for example, failure to appear or inability to effect contact by summons;
- Provide information supporting the need for a warrant.
The court will consider whether the legal criteria are met before granting the request.
Step 2: Court Approval and Warrant Issuance
If the magistrates' court or other judicial authority approves the application, the arrest warrant is formally issued. The warrant will be under the hand of the judge or magistrate, and will direct police officers to arrest the named person and bring them before the appropriate court.
The warrant remains in effect until it is executed - that is, until the person is apprehended - or until it is withdrawn or otherwise ceases to have effect.
Step 3: Law Enforcement Execution
Once issued, the warrant is typically recorded on law enforcement systems (such as the Police National Computer) so that officers are aware that the individual is wanted. Police can then arrest the person anywhere within England and Wales where they locate them.
There is no strict requirement for an officer to have the warrant physically with them at the time of arrest, provided that they can confirm that a warrant exists and notify the person of the arrest and its basis at the earliest opportunity.
After arrest, the person is generally taken to a police station and, depending on custody status and court schedules, brought before the issuing court as soon as practicable.
Review and Withdrawal of Warrants
Courts and prosecutors can review outstanding warrants. For example, the Crown Prosecution Service (CPS) follows established protocols when seeking the withdrawal of an arrest warrant, based on whether it remains appropriate or necessary in the circumstances.
Withdrawal might occur where new evidence emerges, the person has been located and dealt with, or formal proceedings have otherwise concluded.
Rights and Practical Considerations
- An arrest warrant does not in itself prove guilt; it simply authorises arrest so that the legal process can proceed.
- Individuals arrested under a warrant retain normal legal rights upon detention, such as the right to legal representation and the right to be brought before a court promptly.
- Courts will balance the need to issue a warrant with considerations such as proportionality, public safety, and fairness to the individual.
Understanding this process helps ensure that the law is applied with respect for both the administration of justice and individual rights.
Key Takeaways
In England and Wales, arrest warrants are issued by courts when there is a justified legal basis to compel an individual's presence before the court - whether because they are suspected of an offence and cannot be reached by other means, have failed to attend proceedings, or are otherwise required for the administration of justice. Warrants are granted only after the court considers detailed information demonstrating that the statutory criteria have been met. Once issued, law enforcement officers can use the warrant to arrest the person and bring them before the court. Mechanisms also exist for reviewing and withdrawing warrants where appropriate.
