Jurisdiction(s):
United Kingdom

Applying for Arrest Warrants to Commence Criminal Proceedings in England and Wales: Grounds, Procedure, Required Content, Bail and Defective Warrants

Published by a LexisNexis Corporate Crime expert

Practice notes

Practice Note

There are several routes to start criminal proceedings in England and Wales, including:

charging at the police station after arrest
issuing a written charge with a requisition
serving a written charge together with a single justice procedure notice
applying for a summons

These examples represent common mechanisms, among others, for starting a case. The Note deals exclusively with applications for arrest warrants to begin proceedings in practice.

This Practice Note focuses on a less common route: seeking an arrest warrant to commence proceedings. Prosecutors use this to ensure the accused attends court where a summons or requisition cannot be issued because the defendant’s address is unknown. It is also available to public prosecutors who are not authorised to issue a written charge under section 29 of the Criminal Justice Act 2003 (CJA 2003), as well as to private prosecutors. The Note explains the particulars that must be set out in an application to the magistrates’ court for a warrant for the accused’s arrest, the details that must appear on the warrant itself, the situations in which a court may issue an arrest warrant, and the legal effects of any defect in a warrant. For further information, see...

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Web page updated on 21/05/2026

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