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police officers make it easy to patattention to there work
this topic is so deep and informative,its outlines the powersnto police officers and how can the make an arrest very effective...,that person is not to be held no more than 24hours without being charged,his rights are very important
what are the implications of a police officer not following proper arrest procedures?
The law is certainly not a vigilante's charter: the starting point is that detention of another person is, on its own, unlawful.
The statutory power of any member of the public in England and Wales to detain someone they consider to be involved in criminal activity is to be found in section 24A of the Police and Criminal Evidence Act 1974.
A person "other than a constable" may arrest without a warrant anyone:
“Who is in the act of committing an indictable offence;
or whom the person has reasonable grounds to suspect
is committing an indictable offence.”
It is important to understand that an indictable offence is one that can be tried in a crown court, in front of a jury.
This alone isn't much use to the average civilian, and astonishingly the government doesn't seem to publish a complete list of offences which qualify, but examples include theft, criminal damage and assault occasioning actual bodily harm.
Such an arrest can only be made if it does not appear reasonably practicable for a police constable to make the arrest instead, and if the person making the arrest has reasonable grounds to believe that such an arrest is necessary to prevent the person being arrested from:
a). causing physical injury to himself or any other person;
b). suffering physical injury;
c). causing loss of or damage to property; or
d). making off before a constable can assume responsibility for him.
Indictable Offence ..cont
Anyone attempting such an arrest should also inform the subject of what is being done as soon as is reasonably possible, explaining both the reason for arresting them and what offence it is believed that they have committed.
Anyone carrying out an arrest can only use reasonable force when arresting the person in question; this is a matter of degree, obviously.
A PI,EI,SD or civilian also has a broader (if somewhat vaguer) common law (i.e. judge-made) power of arrest where there is a "breach of the peace". A "breach of the peace" itself is not really a crime, but can be said to occur whenever harm is actually done or is likely to be done to a person or, in his presence, to his property, or where a person is in fear of being harmed through an assault, affray, riot, unlawful assembly or other disturbance.
PI - Private Investigator: EI- Employee Investigator: SD- Store Detective
Indictable Offence ..cont
A civilian may conduct an arrest in these circumstances if:
a). a breach of the peace is committed in his presence,
b). the person effecting the arrest reasonably believes that such a breach
will be committed in the immediate future by the person arrested, or
c). a breach of the peace has been committed or the person effecting the
arrest reasonably believes that a breach of the peace has occurred and
that a further breach is threatened.
If it goes to court for some reason, the court will determine whether the belief was reasonable having regard to the circumstances as perceived by the person carrying out the arrest at the time.
Where a reasonable apprehension of an imminent breach of the peace exists, the preventive action taken must be reasonable and proportionate.
Try not act alone.
Avoid acting alone, since if the person you have arrested later tries to suggest that you have assaulted them, or caused them some other wrong, you don't want to find that it is just your word against theirs.
Any video or sound recording of what led you to act, or the testimony of any friend or relative who watched the whole incident may be helpful when it comes to explaining to the police and to the Crown Prosecution Service why you have stepped in to the breach.
Below is a typical caution which must be given when making an arrest.
"You do not have to say anything, but it may harm your defence
if you do not mention now, something which you later rely on
in court. Anything you do say may be given in evidence."
At the police station
Once the person has been arrested they will be taken to a police station.
At the police station they have a number of rights that include:
a). Not to be held for more than 24 hours without being charged.
The police can apply for longer periods if they need more time.
This can be up to 96 hours if approved by a magistrates’ court.
b). Seeing a solicitor who will be provided free of charge
c). Their family or next of kin to be informed of their location
d). The police code of practice to be made available to them
After the arrest it is their right to be formally cautioned.
The caution gives details of the crime that they have been arrested for, and also informs them that if they do not mention something when they are questioned that they later rely on in court this may harm their defence.
Also, anything they say to the police can also be given as evidence in court if their case goes to trial.
If the police think that they have a strong case against them and have the evidence they need to prove that case in court, they will be given a formal caution. This reminds them of their rights and how the case will now proceed.
This usually means sending their case file to the Crown Prosecution Service (CPS) who will decide if the police’s case is strong enough to go to court.
Remember to keep all pocket note book entries to support the prosecution.
While in detention
At the police station the person will be questioned.
If they are under 17 years of age, a parent, guardian or an adult that knows them such as a teacher must be present.
At this stage all they have to do is confirm their name and address.
They do not have to answer any other questions. However, if they don’t respond to questions this will be noted and if their case goes to court this failure to cooperate could count against them.
If their solicitor hasn’t arrived at the police station yet, it is their right to wait for them so they can use their legal knowledge to decide whether they should answer a specific question.
Note however, that the police can delay the meeting with a solicitor if the person has been arrested for a serious crime and they think that contact with the solicitor could interfere with the case.
The code of practice that they should have read includes details of how the police should carry out their questioning.
1. The.person/persons are entitled to regular breaks for food and the toilet.
2. Their.rights on arrest also state that the police should not use interview techniques that place unreasonable pressure on the individual to answer their questions.
Right to Bail
If the police charge them their rights state that they should normally be given bail.
However, the police can argue that they should not have bail if:
1. .They think they have given a false name and address
2. .They think they are likely to not come to your court hearing
3. .They think they may leave the country to avoid prosecution
They will appear before a magistrates’ court that will decide if they can have bail and if so, any condition they must follow.
Note: They will not be eligible for bail if they committed a serious offence such as murder.
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