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 when police can arrest a suspect with a warrant in England and Wales, including grounds for issuing arrest warrants, how warrants are executed, associated powers (such as entry to premises), and the rights and procedures that apply. Clear, authoritative guidance for public, students and solicitors.
In England and Wales, the power of the police to arrest a suspect with a warrant is an important legal mechanism used to ensure that individuals who are suspected of criminal conduct or who fail to comply with court orders are brought before the criminal justice system. Unlike arrests without a warrant (based on reasonable suspicion and necessity), an arrest with a warrant is authorised by a court and obliges law enforcement to detain the individual named in the warrant. This guide explains when such warrants are issued, how they operate in practice, what rights apply, and what practical steps may follow an arrest under warrant.
What Is an Arrest Warrant?
An arrest warrant is a formal court order issued by a magistrates' court or other judicial authority that authorises the police to arrest a specific individual on suspicion of having committed a criminal offence or for failing to attend court when required. The warrant:
- names or clearly describes the person to be arrested;
- specifies the offence(s) or grounds on which the warrant has been issued; and
- orders a constable or other authorised officer to execute it.
Arrest warrants ensure police action is backed by judicial authorisation. They oblige officers to take the suspect into custody and produce them before a court.
When Can a Warrant Be Issued?
1. Failure to Attend Court
A common ground for issuing a warrant is when a defendant who has been summoned to court fails to attend without reasonable excuse. If a defendant does not appear in response to a summons, a magistrates' court may issue a warrant requiring their arrest so they can be brought back before the court.
2. Suspected Criminal Offence Where Summons Is Not Practical
Under Section 1 of the Magistrates' Courts Act 1980, a justice of the peace can issue a warrant for arrest if the court is satisfied on written information that:
- the person has committed or is suspected to have committed an offence, and
- either the offence is indictable (more serious) or punishable with imprisonment, or
- the person's address is not sufficiently established for a summons alone to be effective.
This framework prioritises bringing the person to court where summons service may not be reliable, or where the offence is serious enough that attendance at court is critical.
3. Arrest Warrants for Witnesses
Warrants may also be issued for witnesses who are likely to give material evidence and who have failed to attend court despite being properly summoned, or where the court believes a summons will not secure attendance. This ensures that key evidence and testimony are available at criminal proceedings.
Execution of an Arrest Warrant
Who Can Execute a Warrant
In practice, a warrant may be executed by:
- a police constable in the relevant police area;
- an authorised officer of a civilian enforcement agency acting under the authority of the warrant; or
- other individuals specifically authorised by the warrant or by statute.
The officer executing the warrant typically does not need to have the physical document in their possession at the time of execution, but they must either show it to the person arrested or explain where it is and arrange inspection when reasonably practicable.
Time and Place
A warrant may be executed at any time of day or night, including weekends and public holidays. There is no statutory time restriction for when an officer must effect the arrest once a valid warrant has been issued, though police may consider priorities based on risk and operational planning.
Powers Associated With Arrest Warrants
Power to Enter Premises
Where necessary to execute an arrest warrant, police officers may enter premises where they reasonably believe the person named in the warrant is present. This power is supported by related statutory powers such as Section 17 of the Police and Criminal Evidence Act 1984 (PACE), which allows officers to enter and search for the suspect when executing a warrant. Reasonable force can be used if entry cannot otherwise be obtained.
Search and Detention
After arrest under warrant, the suspect will normally be taken to a police station and booked into custody. The custody officer must be informed of the reason for arrest and then decide whether detention pending charge or court appearance is necessary, in line with PACE procedures.
Rights and Safeguards at Arrest
When a person is arrested under a warrant, they must be informed of:
- the fact that they are being arrested;
- the existence of the warrant and the offence(s) or grounds for it, in clear terms; and
- details of their basic rights, such as the right to remain silent and to consult a solicitor.
This is required both at the moment of arrest and on arrival at the police station.
Once in custody, suspects have rights relating to detention, review by custody officers, access to legal advice, and attendance at court within specified timeframes.
Practical Scenarios for Arrest With a Warrant
Failure to Attend Court
A magistrates' court issues a warrant for a defendant who did not appear for sentencing after being convicted in their absence. Police will arrest and take the person into custody for court.
Suspected Serious Offence
A suspect in a serious assault case cannot be located but intelligence indicates their likely whereabouts. A court issues an arrest warrant based on information laid before it, and police execute this warrant to bring the suspect in.
Non‑Compliance by Witness
A key witness who repeatedly fails to attend trial despite summons is subject to a witness arrest warrant. Police execute the warrant to secure the person's attendance at trial.
Summary
In England and Wales, police may arrest a suspect with a warrant when the court has authorised it. Warrants are generally issued when a defendant fails to attend court, when arrest without a warrant would not be sufficient to ensure attendance, or when attendance of a witness is essential and cannot be secured by summons. The issuing of a warrant involves judicial oversight and obliges police or authorised officers to locate and detain the individual named, including entry to premises if necessary. Upon arrest, suspects must be informed of the existence and grounds of the warrant and their rights, and will typically be taken into custody and brought before a court.
