Rights of Arrest

Rights of Arrest

 

Without a Warrant

In Section 24 it provides the information that a constable may arrest (without a warrant) anyone who’s about to commit or is currently committing an offence, or anyone the constable has reasonable grounds to believe that a crime is about to or is currently being committed.

In Section 24 Code G also provides the necessary police procedure for arrests. they are as follows:

•  First must identify themselves as the police.
• Tell you that you are going to be arrested.
• Tell you what crime they think you have committed.
• Then the police must explain clearly why it is necessary to arrest you.
• Finally explain to you that you are not free to leave.

A person would be brought into question if there is a cause of physical injury to himself/herself or any other person. Also if there is suffering from physical injury as well as this a cause of loss or damage to property would also lead to questioning. Committing an offence of public decency or causing unlawful obstruct of the highway, would also lead to questioning. Arrests will be made in any of these circumstances or possibly a warning given, however arrests will be made and questioning will take place if a child or in similar, venerable person would need to be protected from that person in question. Suspects will be questioned to allow the prompt and effective investigation of the proposed offence, this would prevent any prosecution for the offence being hindered by the disappearance of the person in question.

If the suspect is under the age of 17 the police should only arrest you at school if it's unavoidable. Police must also inform the head teacher and contact parents, guardian or carer as soon as possible at arrival of the Police Station.

Reasonable Grounds

Section 24 of Police and Criminal Evidence Act - Code C

There must be some reasonable, objective ground for the question or suspicion based on known fact of information which are relevant to the likelihood the offence has been committed and the person in question likely committed that offence.

Reasonable Grounds are –

A)     To enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the personas name, or has reasonable grounds for doubting whether a name given by the persons as his name is his real name).

B)      Correspondingly as regards the persons address.

C)      To prevent the person in question.

i)                    Causing physical injury to himself or any other person.

ii)                   Suffering physical injury.

iii)                 Causing loss of or damage to property.

iv)                 Committing an offence against public decency.

D)     To protect a child or in similar other vulnerable person from the person in question.

E)      To allow the prompt and effective investigation of the offence or of the conduct of the person in question.

F)      To prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

Search with a Warrant

An Arrest warrant is an authorized law enforcement to search a particular location and seize a specific person for questioning. This lies under Section 15 and 16 of the Police and Criminal Evidence Act 1984, Code G, where the police have to apply for a Warrant in the Magistrates Court Act 1980, under Section 1, where it states that the officer must show the suspect that he can lawfully enter the premises to arrest the individual before entering the premises to make the arrest.

To apply for a Warrant they must answer in depth questions on the application form to provide sufficient evidence of reason for searching the premises.

The questions are as follows:

1)      The main search power – What legislation allows the court to issue the warrant(s) for the application the police are applying for? Essentially meaning what gives the police reasonable grounds to search premises.

2)      The Investigation – What the police need to explain will depend on the ‘Main search power’ The police need to clearly explain what they are investigating and why, and why they think the offence or activity under investigation has taken place as well as this, they also must inform the court that the main search power may require them to show that they ‘suspect’ or ‘believe’ it has taken place.

3)      Articles or person(s) sought – Where the police must identify what, or who they are looking for in as much detail as the practicably possible. Then go on to explain how those things, or people meet the criteria for the issue of a search warrant prescribed by the main search power.

4)      Premises to be searched which can be specified – Used to apply for a search warrant of one set premises. However if they are applying for more than one warrant they must complete the table at the end of the form instead of answering the question.

 

However in the question it asks for an address or other description of the premises,                          then the police must explain why they think the article or person(s) they are looking for is/are on those premises, and the main search power may require them to show why they ‘Suspect’ or ‘Believe’ that they are there.

5)      Premises to be searched which cannot be specified – The police answer this question if the premises wished to be searched cannot be specified, e.g. an all premise warrant, whether the court can issue an all premises warrant depends on the terms of the main power.

 

However in the question it asks, whose premises do you wish to search and the police must name and describe the person in occupation. Then it asks if you have been able to specify some of that person’s premises, why is it not reasonably practice to specify all the premises which the police want to search. Then why is it necessary to search more premises that you can specify, and why do the police think the articles or person(s) they are looking for are on those premises, which the main search power may require them to show that the police ‘Suspect’ or ‘Believe’ they are there.

6)      Search on more than one occasion – The police must answer which premises they want to search more than one time and why do they want to search them on more than one occasion. Then they need to specify how many times they want to be able to search those premises where they need to state the maximum number of times.

7)      Search with additional persons – The police need to specify which other persons they want to take part in the search where they need to identify these people with a function or description e.g. scientist, IT experts, Accountants. Then they must explain why they want those people to take part in the search.

8)      Duty of disclosure – Where the question asks is there anything which the police are aware off that might reasonably be considered capable of undermining any of the grounds of the application, or which for some reason might affect the court’s decision. Where the police must include anything reasonable that might be called into question the credibility of the information they have received and then they must explain why the information can still be relied upon.

9)      Declaration – Where they must submit a signature with date and time to the application that discloses all the information that is material to what the court must decide, including anything that might reasonably be considered capable of undermining any of the ground of the application and the content of the application to be true.

10)   Authorisation – The application then must be reviewed by someone higher in the police force to authorise the credibility and truth of the application.

Arrests with a warrant

Section 18.5 states a warrant may be executed by any person to whom it is directed or if the warrant was issued by a magistrates’ court, by anyone authorised to do so by section 125(a) of warrants, 125A(b) links in with civilian enforcement officers or 125B(c) execution by approved enforcement agency of the Magistrates’ Courts Act 1980.

 

The person who executes a warrant must explain, in terms the defendant can understand, what the warrant requires, and why also must show the defendant the warrant, if that person has it; and if the defendant asks.

Arrange for the defendant to see the warrant, if that person does not have it, and show the defendant any written statement of that person’s authority required by section 125A or 125B of the 1980 Act.

The person who executes a warrant of arrest that requires the defendant to be released on bail must make a record of the defendant’s name, the reason for the arrest, the defendant’s release on bail, and when and where the warrant requires the defendant to attend court; and serve the record on the defendant, and the court officer.

The person who executes a warrant of detention or imprisonment must take the defendant to any place specified in the warrant, or if that is not immediately practicable, to any other place at which the defendant may be lawfully detained and the warrant then has effect as if it specified that place and obtain a receipt from the custodian; and notify the court officer that the defendant has been taken to that place.

 

An important not is that under section 125 of the Magistrates’ Courts Act 1980, a warrant issued by a magistrates’ court may be executed by any person to whom it is directed or by any constable acting within that constable’s police area.

Certain warrants issued by a magistrates’ court may be executed anywhere in England and Wales by a civilian enforcement officer, under section 125A of the 1980 Act; or by an approved enforcement agency, under section 125B of the Act. In either case, the person executing the warrant must, if the defendant asks, show a written statement indicating: that person’s name; the authority or agency by which that person is employed, or in which that person is a director or partner; that that person is authorised to execute warrants; and, where section 125B applies, that the agency is registered as one approved by the Lord Chancellor.

Another important note is that Section 125D of the 1980 Act (a), under which a warrant to which section 125A applies may be executed by any person entitled to execute it even though it is not in that person’s possession at the time; and certain other warrants, including any warrant to arrest a person in connection with an offence, may be executed by a constable even though it is not in that constable’s possession at the time.

 

Rights of arrest for a Citizen

This is under Section 24(A) of the Police and Criminal evidence act 1984 and Code G for Practice.

It states that a person other than a constable may arrest without a warrant, anyone who is in the act of committing an indictable offence or anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

Where an indictable offence has been committed, a person other than a constable may arrest without a warrant, anyone who is guilty of the offence or anyone whom he has reasonable grounds for suspecting to be guilty of it.

But the power of summary arrest conferred is exercisable only if the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned it is necessary to arrest the person in question and it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

The reasons are to prevent the person in question, causing physical injury to himself or any other person or from suffering physical injury or from causing loss of or damage to property or before a constable can assume responsibility for him.

Other statutory rights of arrest -

This is under Code C and Section 31 and 32 of the Police and Criminal Evidence Act 1984.

An arrest for a further offence can be made where a person has been arrested for an offence and is at a police station in consequences of that arrest, and a constable fears that if he would be liable of release then he would be arrested again for some other offence.

A breach of peace would not count as a Statutory right.

Under section 136 of the Mental Health Act 1983 you can be kept in hospital for 72 hours so that you can be seen by a doctor and an approved mental health professional this can only happen when you are putting your own safety or someone else’s at risk. They may say you need to stay in hospital longer and be put on Section 2 or a Section 3. If they say you do not need to stay in hospital, someone will talk to you about what other help is available. If the doctor or mental health professional has not seen you by the end of the 72 hours you are free to leave or you could stay in hospital as a voluntary patient.

You can sometimes be medicated against your will as you can refuse any given medication you do not want. Only in special circumstances, which would be explained to you, can you be given medication you do not agree to, e.g. if you have a disability and your life depends on the medication.

You cannot leave while you are under section 36 as it is a short terms assessment and you cannot appeal, even if you do not agree that you need to stay in hospital, you also cannot appeal against a decision to keep you in hospital under section 136.