What is a Warrant of Arrest?
If an Injunction Order has been broken then the courts can issue a warrant for the arrest of the person who has broken the Injunction Order
The warrant is sent to the police who then arrest that person and can either hold them in custody until they can be brought before the court or grant them bail and give them a date when they are to go back to court.
The power of arrest under PACE has recently been amended by the Serious Organised Crime and Police Act 2005 and a new code.
Code G has been issued to give guidance on the exercise of the power of arrest
Code G confirms that the right to liberty is a fundamental human right, and since the power of arrest interferes with that right, officers must be fully justified in using it. It states that two tests must be met before an arrest can be said to be lawful:
(A) The person must be involved or suspected of
Involvement or attempted involvement in a crime.
(B) There must be reasonable grounds for believing that
his or her arrest is necessary.
What is arrest without a warrant?
Arrest without a warrant must be:
• Must have reasonable grounds to arrest a suspect
• If reasonable grounds exist: Arrest the suspect, Specify the offence and advise of rights and caution.
• Search the suspect and collect: Weapons, evidence and tools of escape.
• Handcuff is necessary
• Record any words spoken by the suspect
• Record the suspects: Injuries/bloodstains, mental condition, behaviour and sobriety, appearance and clothing and condition
• Treat the suspect as a young offender if under 18.
Handling the suspect must be done as:
• Never leave the suspect unattended
• Isolate the suspect from other suspects and witnesses
• Keep to a minimum the number of officers dealing with the suspect
• Keep the suspect away from the crime scene once they have been removed from it