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This article or section deals primarily with North America and does not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page. |
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An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.
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Arrest warrants in Canada
Arrest warrants are issued by a judge or justice of the peace under section 83.29 of the Criminal Code of Canada. The judge must be satisfied that the person named in the warrant is (a) is evading service of the order, is about to abscond, or did not attend the examination, or did not remain in attendance, as required by the order.
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.
Arrest warrants in the United Kingdom
The issue of Arrest Warrants in the United Kingdom is governed by section 1 of the Magistrates' Courts Act 1980. A warrant may only be issued by a Justice of the Peace based upon evidence in writing and sustained under oath and for adults if the suspected offence is either indictable or punishable by imprisonment; or the address of the suspected offender cannot be ascertained in order that he may be issued with a summons.1
Arrest warrants in the United States
Warrants are typically issued by courts but can also be issued by one of the chambers of the United States Congress or other legislatures (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 has been committed, and
- the person(s) named in the warrant committed said crime.
Hence, the form and content of an arrest warrant may be similar to the following:
- Municipal Court, Springfield Judicial District
- To any peace officer of the realm: Complaint upon oath having been brought before me that the crime of larceny has been committed, and accusing Nelson Muntz of the same, you are hereby commanded forthwith to arrest and bring that person before me. Bail may be admitted in the sum of $1,000.00. Dated: 15 May 1997. /s/ Bill Wright, presiding judge.
In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within 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.
A bench warrant, sometimes also called a "writ of capias" or "capias," is a variant of the arrest warrant. A bench warrant usually commands the arrest of someone for failing to show for a required court appearance.
Mittimus
A mittimus is a writ 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
Bench warrant
A bench warrant is a variant of an arrest warrant, which 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 court – 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 non-appearance took place, the court usually forfeits bail and may set a higher bail amount to be paid when the subject is re-arrested, but normally the suspect is held in custody without bail. If a person is found to have a bench warrant against him or her when stopped by a law enforcement officer, the person is immediately taken into custody by authorities, rejailed and a hearing is held at which time new bail amount and conditions are set and a new court appearance date is scheduled. Often, if a person is arrested on a bench warrant, that person is held without bail until he or she can appear in court for whatever incident it was that he or she failed to appear to address originally. Such a person is referred to as a "flight risk", meaning that there is a high likelihood that he or she will flee and not appear for the assigned court date (for a second time).
Bench warrants are traditionally issued by sitting judges or magistrates.
See also
References
Wikipedia content modification information:
- This page was last modified on 12 November 2008, at 22:11.
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