P1 Describe the difference between arrest with and without a warrant
Comparing an arrest with and without a warrant
A difference is that an arrest with a warrant requires a judge which has to be presented with evidence for the warrant to be issued, however with an arrest without a warrant a constable has to use their own judgement to whether or not to arrest a person. Another difference between the two types of arrest is the time. When the police need a warrant, they already know who the suspect is and what they have done so this method takes a longer period of time. There is also no immediate risk to themselves or anyone else because the offence has already been committed. Compare this to arresting without a warrant, which requires the police to act quickly because the suspect is right in front of them doing a criminal act, so they need to arrest the suspect then and there.
Arrests with a warrant
Arrest warrants for suspects can be issued by a justice of the peace under section 1 of the Magistrates' Courts Act 1980 if information is laid before them that a person has committed or is suspected of having committed an offence. Such arrest warrants can only be issued for someone over 18 if:
• The offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or
• If the person's doesn’t have a proper address for a summons to be sent to the person.
Arrest warrants for witnesses can be issued if:
• A justice of the peace is satisfied on oath that
• Any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information by a magistrates' court,
• It is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing, and
• It is probable that a summons would not procure the attendance of the person in question.