What is a warrant ================= In basic terms, a warrant is a legal document that is issued by the courts authorising the police to perform a specific action, including: > - Making an arrest > - Seizing property > - Conducting a search > - Executing a judgment The main types of warrant are: > - An arrest warrant > - A search warrant > - A warrant for further detention Police Arrest Warrant --------------------- A police officer does not need a warrant to arrest you if they have reasonable grounds for suspecting that you have committed a crime. For example, if they have seen you fleeing the scene of a crime, or if you match the description of the suspect. A police officer can alternatively apply to the court for a warrant for your arrest where he suspects that you have committed a crime but lacks the reasonable grounds that are required to perform an arrest without warrant. The court will use the information provided to decide if it is sufficient to grant an arrest warrant. The offence must be an 'indictable'office, meaning it is a more serious crime that can be tried in the Crown Court. An arrest warrant may be issued for a person that: > - Fails to attend court when required > - Breaches bail conditions Search Warrant -------------- The police do not need a warrant to enter and search a premises, including cars, if they are entering: > - To execute an arrest warrant, arrest or recapture a person on any premises > - Save a life or prevent damage to a property > - To search the premises that the suspect of an indictable offence was in at the time of their arrest, or immediately before arrest, for evidence. The officer must reasonably believe that the premises may contain evidence and can only search to the extent reasonably required to discover such evidence. > - To search the premises occupied or controlled by a suspect who has been arrested for an indictable offence. The officer must have reasonable grounds for suspecting that there is evidence relating to the offence, or a similar indictable offence, within the premises. This type of search must be authorised in writing by an officer of inspector rank or above > - Respond to a serious breach of the peace In all other instances, the police will need to apply for a warrant to search the premises. This application must clearly set out: > - The grounds for the application > - The relevant police power > - Information about the offence and the relevant parties > - Evidence gathered. A hearing will then be held to determine if the application should be granted. ### What are the grounds to obtain a search warrant? The application for a search warrant must be based on one of the following grounds: > - It is not possible to communicate with anyone entitled to grant entry to the premises > - It is possible to communicate with a person entitled to grant entry to the premises but not with anyone entitled to grant access to the evidence > - Entry to the premises will not be granted unless a warrant is produced > - The purpose of a search may be frustrated or seriously prejudiced if the officer cannot secure immediate entry The application must also show reasonable grounds for believing that all the following apply: > - An indictable offence has been committed > - There is material on the premises which is likely to be of substantial value to the investigation of the offence. > - The material is relevant evidence likely to be admissible at a trial for the offence > - The evidence sought under the warrant is not covered by legal privilege or otherwise likely to be excluded at trial If a warrant is issued, the police must carry out the search within three calendar months. Warrant of Further Detention ---------------------------- If you are arrested, the police must either charge or release you within 24 hours. This can be extended to 36 hours by a police superintendent. If the police want to keep you detained for any longer, they need to apply to the magistrates' court for an extension before the 36 hour period has expired. The police officer must apply on oath, and needs to convince the court that: > - Detention without charge is necessary to secure or preserve evidence for an offence for which the suspect is under arrest, or to obtain such evidence by questioning > - The offence is indictable > - The investigation is being conducted diligently and expeditiously. The warrant of further detention cannot be for About Us -------- Ayesha VardagFounder & President "ROLLS ROYCE SERVICE FROM START TO FINISH" Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. 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