Arrest

For other uses, see Arrest (disambiguation).

Lucy Parsons after her arrest for rioting during an unemployment protest at Hull House in Chicago, Illinois. 1915

Arrested men in Rio de Janeiro.

An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting (the arrestee) into the criminal justice system or harm to oneself or others. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop".

The word 'arrest' when used in its ordinary and natural sense, means the apprehension or restraint of a person, or the deprivation of a person's liberty. The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. When used in the legal sense in the procedure connected with criminal offences, an arrest consists in the taking into custody of another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal or further offence. The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested

Directorate of Enforcement v Deepak Mahajan, (1994) 3 SCC 440 at ¶46 (SC of India)).

Police and various other bodies have powers of arrest. In some places, the power is more general; for example in England and Wales—with the notable exception of the Monarch, the head of state—any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action.^[1]

Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile."

Etymology

The word "Arrest" is Anglo-Norman in origin, derived from the French word arrêt meaning 'to stop or stay' and signifies a restraint of a person. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which word is used. There are numerous slang terms for being arrested throughout the world. In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station, and the term "pinched" is also common.^[2] In the United States and France the term "collared" is sometimes used.^[3] The term "lifted" is also heard on occasion.^[4]

Procedure

United States

When there exists probable cause to believe that a person has committed a serious crime, the police typically handcuff an arrested person, who will be held in a police station or jail pending a judicial bail determination or an arraignment.

England and Wales

In English law, whether a person has been arrested does not depend on the legal authority of the person enforcing the arrest, rather it depends upon whether he has been deprived of his liberty to go where he pleases.^[5] Whether an arrest is lawful depends on whether the police officer or civilian exercising the arrest is acting within the scope of her or his powers.

Upon arrest, a person must ordinarily be taken to a police station as soon as is practicable,^[6] but may be released on bail.

India

According to Indian law, no formality is needed during the procedure of arrest^[7]. The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that he is entitled to be released on bail if the offence is not non-bailable^[8].

Powers of arrest

United Kingdom

England and Wales

Arrests under English law fall into two general categories - with and without a warrant - and then into more specific subcategories. Regardless of what power a person is arrested under, they must be informed:^[9]

• that they are under arrest (as soon as is practicable after the arrest), and
• of the ground for the arrest (at the time of, or as soon as is practicable after, the arrest),

otherwise, the arrest is unlawful.^[9] An arrest is still lawful even if the subject escapes custody before the fact he/she is under arrest and the grounds can be explained to him.

Northern Ireland

Scotland

Arrest with a warrant

A justice of the peace can issue warrants to arrest suspects and witnesses.

Arrest without a warrant

Main article: Powers of the police in England and Wales#Arrest without warrant

There are four subcategories of arrest without warrant:

• under the provisions of section 24 of the Police and Criminal Evidence Act 1984 (PACE), which only applies to constables,
• under the provisions of section 24A of PACE, applies to those who are not constables,
• the power to arrest for a breach of the peace at common law, which applies to everyone (constable or not), and
• the powers to arrest otherwise than for an offence, which apply to constables only.

Various individuals with powers of arrest within England/Wales

United States

United States law recognizes the common law arrest under various jurisdictions.^[10]

Warnings on arrest

United States

See also: Miranda warning

A Miranda warning is required only when a person has been taken into custody (i.e. is not free to leave) and is being interrogated. This warning tells the detainee that they have the right to be silent, the right to have counsel present during questioning, and warns them that whatever they say can be used against them. There is no requirement that a detainee be given a Miranda upon arrest.

United Kingdom

See also: Right to silence in England and Wales

In the United Kingdom a person must be told that he is under arrest,^[11] and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest".^[12] A person must be 'cautioned' when being arrested or subject to a criminal prosecution procedure unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution required in England and Wales states,

You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.^[13]

Deviation from this accepted form is permitted provided that the same information is conveyed.

Search on arrest

United Kingdom

England and Wales

Main article: Powers of the police in England and Wales#People or vehicles

Non-criminal arrests

United States

Breach of a court order can be civil contempt of court, and a warrant for the person's arrest may be issued. Some court orders contain authority for a police officer to make an arrest without further order.

If a legislature lacks a quorum, many jurisdictions allow the members present the power to order a call of the house, which orders the arrest of the members who are not present. A member arrested is brought to the body's chamber to achieve a quorum. The member arrested does not face prosecution, but may be required to pay a fine to the legislative body.

Only human beings can be arrested; things and money may be sued, confiscated, or forfeited.

Following arrest

While an arrest will not necessarily lead to a criminal conviction, it may nonetheless in some jurisdictions have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose an arrest when a person applies for a job, a loan or a professional license. In the United States, a person who was not found guilty after an arrest can remove his arrest record through an expungement or (in California) a finding of factual innocence. A legal action is sometimes filed against the government for wrongful arrest.

These collateral consequences are more severe in the United States than in the UK, where arrests without conviction do not appear in standard criminal record checks and need not be disclosed.

See also

• Surety
• Citizen's arrest (or any person arrest)
• Individuals with powers of arrest
• House arrest
• Detention of a suspect
• Arrestable offence (obsolete term in UK law)
• Law enforcement agency
• Nightwalker Statute
• Resisting arrest
• Pre-dawn raid
• Police and Criminal Evidence Act 1984
• Arbitrary arrest and detention
• False arrest

References

1. ^ section 24a, Police and Criminal Evidence Act 1984
2. ^ Partridge, Eric and Paul BealeA dictionary of slang and unconventional English, p. 790, 886.
3. ^ Hérail, René James and Edwin A. Lovatt, Dictionary of Modern Colloquial French, p. 194.
4. ^ Partridge, Eric and Paul BealeA dictionary of slang and unconventional English, p. 681.
5. ^ Lewis & Another v Chief Constable of the South Wales Constabulary [1990] EWCA Civ 5, [1991] 1 All ER 206 (11 October 1990), Court of Appeal
6. ^ Police and Criminal Evidence Act 1984, section 30.
7. ^ "Indian Kanoon - Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P". IndianKanoon.org. http://indiankanoon.org/doc/501198/. Retrieved 12 September 2011. 
8. ^ Chapter V, Code of Criminal Procedure
9. ^ ^{a b} section 28, Police and Criminal Evidence Act 1984
10. ^ Katz, Jason M. (2003). "Atwater v. Lago Vista: Buckle-Up or Get Locked-Up: Warrantless Arrests for Fine-Only Misdemeanors Under the Fourth Amendment". Akron Law Review (University of Akron School of Law) 36 (3): 496–498. http://www.uakron.edu/law/lawreview/v36/docs/katz36.3.pdf. 
11. ^ Police and Criminal Evidence Act 1984, section 28.
12. ^ Taylor v Thames Valley Police [2004] EWCA Civ 858, [2004] 1 WLR 3155, [2004] 3 All ER 503 (6 July 2004), Court of Appeal
13. ^ Code C to the Police and Criminal Evidence Act 1984, para. 10.5.

External links

• Directgov Being stopped, questioned or arrested by the police (Directgov, England and Wales)