A warrant is a document that is issued by the court when there are reasonable and probable grounds to believe that someone has committed an offence.
An arrest warrant gives the police the power to arrest the individual named in the warrant, so that he or she can be brought before the court.
Obtaining a warrant requires an officer to follow certain rules. These include:
•Information alleging the offence must be sworn and brought before a justice of the peace or judge who will hear and consider the information. The justice or judge may then issue an appearance notice or an arrest warrant.
•A warrant must contain the name or description of the accused, a brief description of the offence alleged, and an order that the accused be arrested. The warrant remains in force until the accused is arrested and is outstanding until that time.
When executing an arrest warrant, the police officer must have the arrest warrant with him or her, when possible, and should be able to produce it when asked.
The police officer also has a duty to give notice to the person he/she is arresting of the:
• Warrant under which he makes the arrest; or
• The reason for the arrest
If police do not release the person who is under arrest, they must bring him before a justice for a bail hearing within 24 hours or as soon as possible.
If the police do not follow these rules, then see our pamphlet on “How to Initiate a Public Complaint Against the Edmonton Police Service."
Warrants are also issued when an accused:
Fails to appear in court on a summons, appearance notice, promise to appear, or recognizance;
Avoids service of a court document; or
Ignores a subpoena or avoids being served with a subpoena.
These types of warrants are known as “bench warrants.” They are issued when someone violates an order or requirement of the court.
http://www.slsedmonton.com/criminal/warrants/
