31.4  Warrant To Arrest - Criminal Justice Act 1984, Section 10(1) (As Amended By The Criminal Justice (Amendment) Act 2009, Section 24)

What this form is for

• • Use when you need to arrest someone suspected of committing an offense
• • Use when there are reasonable grounds to believe the person will not attend court voluntarily
• • Use when there's a risk of the person committing further offenses
• • Use when there's a need to preserve evidence
• • Use when the person's identity is known

Use this form or another form?

Deadline or filing window

There is no specific deadline for obtaining a warrant to arrest, as it's typically sought immediately when grounds for arrest arise. However, delays in obtaining the warrant may impact the validity of the arrest.

Before you submit

• • Verify all personal details of the suspect are accurate
• • Confirm the suspected offense is clearly described
• • Ensure grounds for arrest are specific and sufficient
• • Check that the warrant is signed by an authorized officer
• • Verify the form is the current version
• • Ensure all required sections are completed
• • Check that the warrant number is properly recorded

How to file this form

1. 1Complete the warrant form with all required details
2. 2Have the warrant signed by a judge or authorized officer
3. 3Present the warrant to the arresting officer
4. 4Execute the arrest in accordance with the warrant terms
5. 5Ensure the arrested person is brought before a court promptly
6. 6File the executed warrant with the court

Known limitations

• • The warrant must be based on reasonable grounds for belief
• • Arrest must be necessary for the administration of justice
• • Warrant is only valid for a specific period (typically 3 months)
• • Cannot be used for offenses that don't meet arrest criteria
• • Must respect the rights of the person being arrested