Abstract:
An arrest warrant issued by the State has severe effect on the rights and liberties of the People because it authorizes state officials to arrest the person designated in the arrest warrant. Therefore, the designation of person to be arrested, which is the key information for state officials have to use to identify and arrest the person, is of great importance.
The study finds that the designation of person in an arrest warrant is not sufficient for officials to correctly arrest the person the State intends to bring into further criminal proceedings because the law has no effective measure and procedure to identify the person to be arrested and to verify the arrested person.This mistaken arrest leads to the inefficacy of the criminal justice and suffers an innocent person who is arrested and brought to go through the criminal proceedings while the real perpetrator remains free at large and could have a chance to further harm the society.
This thesis proposed that certain provisions relating to the issuance of an arrest warrant should be amended for the better and more effective procedure and measures of designation and identification of person to be arrested. There should also be verification procedure following the arrest. The amendment of these measures and procedures would help officials to effectively bring the real perpetrator into the criminal proceeding, which would lead to the better protection of constitutional rights and liberties of the people.