Arrest warrant

An arrest warrant is a court order issued by a judge or magistrate that gives legal authority to arrest and hold a person, or to search and seize their property.

European Arrest Warrant

In international law, the European Arrest Warrant can be issued by any European Union member state and is enforceable across all EU countries. Other member states are generally required to carry out these warrants, though they have limited reasons to refuse and may demand guarantees that the suspect's procedural rights will be protected.

International Criminal Court

The International Criminal Court, under its Rome Statute, can issue arrest warrants for defendants in its cases. These warrants are issued by the Pre-Trial Chamber, and the court depends on its member states to enforce them. The ICC has issued such warrants against several prominent world leaders, including Russian president Vladimir Putin in 2023, Israeli prime minister Benjamin Netanyahu in 2024, and former Philippine president Rodrigo Duterte in 2025.

Canada

In Canada, arrest warrants are issued by a judge or justice of the peace under the Criminal Code. Section 29 of the code requires that, when feasible, the arresting officer must inform the accused of the warrant's existence and its reason, and produce the warrant if asked.

Czech Republic

In the Czech Republic, courts may issue an arrest warrant when a charged person cannot be summoned or brought in for questioning and there is a reason for detention, such as fear the person will flee, interfere with proceedings, or continue criminal activity. The warrant must include the charged person's identification, a brief description of the alleged act, the relevant section of the criminal code, and the precise reasons for the warrant.

Police carry out the arrest and must either hand the person over to the nearest court or release them within 24 hours. The court must interview the person immediately, and they have the right to an attorney unless one is not available. The court then has 24 hours from receiving the person to order remand or release; exceeding this time automatically requires release.

In Germany, detaining someone is only allowed under conditions set by the Basic Law. Article 104 states that only an arrest judge may order confinement beyond 48 hours. Confinement under 48 hours is called provisional confinement, while longer confinement is called an order of arrest. Arrest warrants are used to ensure proper legal process, appearing in the Code of Criminal Procedure, civil procedure law, administrative law, and special administrative procedures like the Tax Code or social court law.

In India, courts can issue arrest warrants under Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023. A bailable arrest warrant allows a person to post bail with sufficient sureties to guarantee court attendance, after which the officer must release them. A non-bailable warrant is typically for serious offenses or when the accused is suspected of fleeing.

Sections 74 and 75 allow a Chief Judicial Magistrate or first-class magistrate to direct a warrant to any person within their local jurisdiction for the arrest of an escaped convict, proclaimed offender, or someone accused of a non-bailable offense who is evading arrest. That person must acknowledge receipt in writing and execute the warrant if the subject is on or enters their property. Section 78 requires police to present an arrested person before a magistrate within 24 hours.

In the United Kingdom, the procedure varies by jurisdiction. In England and Wales, arrest warrants can be issued for suspects or witnesses.

For suspects, a justice of the peace can issue a warrant under the Magistrates' Courts Act 1980 if written information is provided that a person has committed or is suspected of an offense. For someone over 18, this requires that the offense is indictable or punishable by imprisonment, or that the person's address is not sufficiently known to serve a summons. For witnesses, a warrant can be issued if a justice is satisfied on oath that a person in England or Wales can give material evidence or produce a material document or thing at a magistrates' court trial, that a summons is in the interests of justice but would not secure attendance, or if a person has failed to attend court after being summoned.