Powers of Arrest
An arrest is an act of apprehending a person
and taking them into custody,usually because
they have been suspected of committing or
planning a crime.
A 'Crime' is an unlawful act punishable by the
state or authority.
After the person has been taken into custody,
they can be questioned further.
'Questioning/Interrogate' is interviewing as
commonly employed by the police or
law enforcement officer and/or charged.
a 'Criminal Charge' is a formal accusation made
by the police,asserting that the person and/or
someone has committed a crime.
A Charge Document (Charge Sheet)
which contains one or more Criminal
Charges,which can take several forms,
including Complaints.
an 'Arrest',is a 'Procedure' in a Criminal
Justice System.
'Criminal Justice' is the delivery of justice
to those,who have committed crimes.
'Criminal Justice System' is a series of
government agencies and institutions,
whose goals are to identify and catch
unlawful individuals,to inflict a form of
punishment on them.
Other goals,also include the rehabilitation
programs.
POLICE POWERS OF ARREST
The Police and Criminal Evidence Act 1984 s24,24A and s28-31
Cover Arrest by Police Constables
and other people and other related
matters.
Police and various other Officers
have Power of Arrest.
'Power of Arrest' is a mandate
given by a central authority,that
allows an individual to remove
a CRIMINAL'S LIBERTY.
The Power of arrest can also be
used to protect a person or
persons,from harm or to protect
damage to property.
in some countries,ie the UK,
a citizen is permitted to make
an arrest.ie
"anyone,whom he has reasonable
grounds for suspecting to be
committing,have committed,or
be guilty of committing a
INDICTABLE OFFENCE,although
Certain Conditions MUST BE MET
before taking such action".
'Indictable Offence' is an offence
which can only be tried on an
indictment,after a
PRELIMINARY HEARING to
determine whether there is a
'prima facie' case to answer or
by a CRIMINAL TRIAL.
as a safeguard,against
ABUSE of POWER,many countries
require,that an arrest must be
made for a thoroughly justified
reason,
furthermore,the time that a person
can be Detained in Custody,
is relatively short.'TWENTY FOUR'
Hours (24hrs) in the UK.
ARREST in English Law,
falls into two general categories.
1) with a warrant
2) without a warrant
and then into more
Specific Subsections
Regardless of what power a
person is arrested under,they
'MUST BE INFORMED'
There are four Subcategories
of Arrest Without a Warrant.
1) PACE s24,
which only applies to Constables
2) PACE s24A
which applies to those who are
not Constables
3) Power of Arrest,for a Breach
of the Peace at Common Law
which applies to everyone
(Constable or not and includes
a Power of Entry
4) the Power to Arrest,otherwise
than for an offence,which apply
to Constables only.
WARNING OF ARREST.
In the United Kingdom,
a person (detainee) must be
told,that they are 'Under Arrest'
The Person must be
"CAUTIONED" when being
arrested,or subject to a
'Criminal Prosecution Procedure'
Unless this is impractical,due to
the 'behaviour' of the arrested
person. .