Arrest with and without a warrant
The legal definition of a warrant is, a document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice. This means that a warrant is a document that is issued by the court when there are reasonable and probable grounds to believe that someone has committed an offence. An arrest warrant gives the police the power to arrest the individual named in the warrant, so that he or she can be brought before the court.
Arrest with a warrant:
In order for the police to obtain an official warrant. An application is submitted to Magistrate justifying the reason for the warrant to arrest a named person. This is dispensed under s1 Magistrates Court Act 1980. This warrant would solely be granted if the offence involved is punishable by imprisonment.
There are many reasons for issuing one with a warrant for various offences such as:
Failing to attend court
Breaches of suspended sentences
Not paying fine
Searches of property for stolen goods (Theft A
Drugs offences ( s27 Drugs Act 1971)
Arrest without a warrant:
There are two vital grounds regarding a lawful arrest. Firstly, there must be substantial suspicion of an individual’s engagement in a criminal offence. For example a man is acting suspiciously in public causing witnesses to report seeing in his possession a shiny or sharp article. This forms reasonable suspicion that the suspect may be involved in a criminal offence. Secondly, there must be a valid reason to believe that the individuals arrest is essential. For example, the man with the knife. It is vital that the suspect is arrested to protect and maintain the safety of others.
This type of arrest is made by a regular citizen who is not an official law enforcer. This is found under section 24 (a) of PACE. Under reasonable suspicion one is able to make an arrest...