NCJ Number
62263
Journal
Police Review Volume: 87 Dated: (SEPTEMBER 7, 1979) Pages: 1447-1450
Date Published
1979
Length
4 pages
Annotation
THE POWER AND PROCEDURES OF ARREST ARE DESCRIBED UNDER BRITISH LAW.
Abstract
THE POWER TO ARREST SOMEONE IN GREAT BRITAIN MAY BE DERIVED FROM THE COMMON LAW, STATUTORY AUTHORITY, OR THE AUTHORITY OF A WARRANT. AN ARREST OCCURS WHEN A PERSON IS DEPRIVED OF LIBERTY, AND IN ORDER TO BE LAWFUL, THE PERSON DETAINED MUST BE INFORMED THAT HIS OR HER LIBERTY IS BEING TAKEN AND THE TRUE REASONS FOR THAT FACT. THE COMMON LAW ESTABLISHES THAT AN ARREST MAY BE MADE BY ANY PERSON WITHOUT A WARRANT IN CASES WHERE THE ARRESTEE IS FOUND COMMITTING A BREACH OF THE PEACE, IS ABOUT TO RESUME BREACH OF THE PEACE ACTIVITY, OR IS ENGAGED IN CONDUCT LIKELY TO CAUSE A BREACH OF THE PEACE. A VARIETY OF STATUTORY PROVISIONS CONFER UPON POLICE OFFICERS AND SOMETIMES ANY CITIZEN THE RIGHT TO ARREST AN OFFENDER OR SUSPECTED OFFENDER WITHOUT THE EXISTENCE OF A WARRANT. THE POWERS OF ARREST PROVIDED BY STATUTE ARE OFTEN RESTRICTED IN PARTICULAR SITUATIONS AND ARE FREQUENTLY CONDITIONED BY FACTORS OTHER THAN SUSPICION OF THE COMMISSION OF AN OFFENSE. SECTION 2(6) OF CRIMINAL LAW ACT OF 1967 PROVIDES THAT FOR THE PURPOSE OF ARRESTING A PERSON UNDER ANY POWER CONFERRED BY THIS SECTION, A CONSTABLE MAY ENTER (BY FORCE IF NECESSARY) AND SEARCH ANY PLACE WHERE THAT PERSON IS OR WHERE THE CONSTABLE, WITH REASONABLE CAUSE, SUSPECTS THAT PERSON TO BE. SECTION 3(1) OF THE SAME STATUTE PROVIDES THAT ANY PERSON MAY USE SUCH FORCE AS IS REASONABLE IN THE CIRCUMSTANCES TO PREVENT CRIME OR ASSIST IN THE LAWFUL ARREST OF OFFENDERS OR SUSPECTED OFFENDERS. A JUSTICE OF THE PEACE MAY ISSUE A VARIETY OF WARRANTS AUTHORIZING THE ARREST OF PERSONS UNDER PRESCRIBED CONDITIONS. FOR MOST ARRESTS UNDER WARRANT, THE ARRESTING OFFICER MUST HAVE THE WARRANT ON HIS PERSON OR BE ABLE TO PRODUCE IT QUICKLY. JUDICIAL DECISIONS BEARING UPON THE POWERS AND PROCEDURES OF ARREST ARE OUTLINED. (RCB)