PoliceComplaint.com

This situation is narrow, specific, and more common than its absence from most legal websites suggests. Someone is arrested on a warrant for failing to attend a hearing, and the first they hear of the hearing is the arrest itself.

Why the arrest can look lawful and still be a problem

An officer executing a warrant that appears valid on its face is generally protected, and that protection is deliberate: officers cannot be expected to audit the process behind every warrant. So the question is usually not whether the arresting officer did something wrong. It is whether the warrant should ever have been issued.

That turns on service. If the notice of the hearing was sent to an address you had already told the court you had left, or was never sent, or was sent to a representative who no longer acted for you, the failure to attend was not a failure to attend at all.

What to gather

The useful material is documentary and it is obtainable: the court file showing what was sent and where, any record of an address change you notified, and the custody record showing what you said at the time. People in this position almost always say the same thing at the point of arrest, and the custody record captures it.

Where a conviction or committal followed the missed hearing, that has to be dealt with before anything else, and it is a separate process from any civil claim.

How long you have to bring a claim

We do not publish a deadline for this claim type, and that is deliberate. Time limits for claims against the police differ sharply depending on how the claim is put. Some are measured in years. Claims under the Human Rights Act and under the Equality Act are measured in months, and the difference has ended claims that would otherwise have succeeded. The limit that applies to you depends on facts this page cannot know.

Publishing a general figure here would be worse than publishing nothing, because a reader who relies on the wrong one loses their claim outright. Get your own position checked, and do it early rather than late.

The free routes, before any claim

A complaint to the force costs nothing and does not stop you claiming later. If the force's answer does not stand up you can apply for a review, and across all forces reporting, 24.5% of completed reviews found the force's own outcome was not reasonable and proportionate.

The three routes, and what each one gets you.

Start with your force

Complaint handling, review outcomes and stop and search practice vary enormously between forces. Every force has its own page here with its own figures.

Find your police force

Sources. This page is general information about the law in England and Wales, not advice about your own case. Anyone facing an outstanding warrant should take advice on that first.