A Bench Warrant Has Been Issued for Your Arrest
A bench warrant is issued by a court when a defendant fails to attend a hearing. It authorises your arrest and return to court. Failure to surrender is a separate criminal offence under the Bail Act 1976 s.6.
Quick Answer
A bench warrant means any police officer can arrest you and bring you before the court. Failure to surrender to custody is a criminal offence under Bail Act 1976 s.6 carrying up to 12 months' imprisonment in the Crown Court. The best course is to surrender voluntarily with a solicitor, provide a written explanation for the non-attendance, and apply for bail variation if necessary.
Full Explanation
A bench warrant — also called a warrant for arrest — is issued by a magistrates' court or the Crown Court when a defendant who is on bail fails to attend a hearing without reasonable cause (Magistrates' Courts Act 1980 s.13; Supreme Court Act 1981 s.81). The warrant authorises any constable to arrest the defendant and bring them before the court.
The underlying failure to surrender to bail is itself a criminal offence under Bail Act 1976 s.6. If the original proceedings were in the magistrates' court, the s.6 offence is summary-only with a maximum of 3 months' imprisonment or a fine. If proceedings were in the Crown Court, the offence carries up to 12 months' imprisonment. The offence is committed at the moment of failure to appear and runs concurrently with the original proceedings.
The best course of action when a bench warrant has been issued is to act quickly. Delay increases the risk of arrest in embarrassing or inconvenient circumstances and may make the court less sympathetic. Contact a criminal defence solicitor immediately — legal aid may be available. The solicitor can contact the court to arrange a voluntary surrender at a specified time, which courts generally view more favourably than a forced arrest.
When you surrender, you will usually be brought before the court the same day. The court will first deal with the warrant — you will be asked to provide an explanation for your non-attendance. If the explanation is reasonable (for example, medical emergency, serious illness with medical evidence, or non-receipt of notice) the court may accept it and proceed. If not, the court may deal with the s.6 Bail Act offence separately, either immediately or by adjourning it to be dealt with after the main case.
Bail may be refused following a bench warrant surrender — particularly if this is not the first failure to appear. The court will reassess bail in light of the failure and may impose stricter conditions, require a surety, or remand you in custody. A bail variation application — supported by evidence and making specific proposals about conditions — gives the best chance of securing bail.
Legal Basis
- §Bail Act 1976 s.6 — Offence of failing to surrender to custody
- §Magistrates' Courts Act 1980 s.13 — Warrant for failure to appear
- §Bail Act 1976 s.3 — Conditions of bail
What To Do
Contact a Criminal Defence Solicitor Immediately
Do not wait to be arrested. Contact a criminal defence solicitor as soon as you become aware of the bench warrant. The solicitor can contact the court, arrange a voluntary surrender at a suitable time, and prepare your explanation for non-attendance.
Surrender Voluntarily With Your Solicitor
Attend the court with your solicitor to surrender voluntarily. Voluntary surrender is viewed far more favourably than arrest. It demonstrates respect for the court and willingness to engage with the process, which will be relevant to the bail decision and any s.6 Bail Act proceedings.
Prepare a Written Explanation
Before attending court, prepare a clear written explanation for your absence — why you failed to attend and whether the failure was your fault or beyond your control. Attach supporting evidence, for example, hospital letters, GP notes, or evidence of non-receipt of the court notice.
Make a Bail Variation Application
If you anticipate that the court may remand you in custody following the warrant, prepare a bail variation application in advance. This should address the court's concerns about future non-attendance by proposing specific conditions — for example, regular reporting to a police station, a curfew, or the provision of a surety.
Address the Section 6 Bail Act Offence
Be prepared for the court to deal separately with the Bail Act s.6 offence. Your solicitor will advise you on whether to plead guilty (and advance mitigation) or not guilty (where there was a reasonable excuse). A guilty plea at the earliest opportunity will usually attract a reduced sentence.
Important Deadlines
Important Warnings
Ignoring a bench warrant does not make it go away — it remains active indefinitely and can result in arrest at any time, including at a routine police stop, a border crossing, or a workplace.
A history of failing to surrender is treated seriously by courts and makes it much harder to obtain bail — each failure compounds the risk of a custodial remand.
If you were not properly notified of the hearing date, gather all evidence of this immediately — it is the strongest defence to a s.6 Bail Act charge.