Arrest
Overview
 
An arrest is the act of depriving a person of his or her liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...

 usually in relation to the purported investigation
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...

 and prevention of crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 and presenting (the arrestee) into the criminal justice system or harm to oneself or others. The term is Anglo-Norman
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....

 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.
Encyclopedia
An arrest is the act of depriving a person of his or her liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...

 usually in relation to the purported investigation
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...

 and prevention of crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 and presenting (the arrestee) into the criminal justice system or harm to oneself or others. The term is Anglo-Norman
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....

 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
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

)).


Police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...

 and various other bodies have powers of arrest. In some places, the power is more general; for example in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

—with the notable exception of the Monarch
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...

, 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.

Article 9 of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 states that, "No one shall be subjected to arbitrary arrest, detention or exile."

Etymology

The word "Arrest" is Anglo-Norman
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....

 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
British slang
British slang is English language slang used in the UK. Slang is informal language sometimes peculiar to a particular social class or group and its use in Britain dates back to before the 16th century...

 terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station
Police station
A police station or station house is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.- Facilities...

, and the term "pinched" is also common. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 the term "collared" is sometimes used. The term "lifted" is also heard on occasion.

United States

When there exists probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...

 to believe that a person has committed a serious crime
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

, the police typically handcuff an arrested person, who will be held in a police station
Police station
A police station or station house is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.- Facilities...

 or jail pending a judicial bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...

 determination or an arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...

.

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. 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, but may be released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...

.

India

According to Indian law, no formality is needed during the procedure of arrest. 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.

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:
  • 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. 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.
Arrest with a warrant

A justice of the peace can issue warrants to arrest suspects and witnesses.
Arrest without a 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 constable
    Constable
    A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...

    s,
  • 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.

United States

United States law recognizes the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 arrest under various jurisdictions.

United States

A Miranda warning
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...

 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

In the United Kingdom a person must be told that he is under arrest, and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest". 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.


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

United States

Breach of a court order can be civil contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

, 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
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 lacks a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...

, many jurisdictions allow the members present the power to order a call of the house
Call of the house
A call of the house is a motion which can be adopted by a deliberative assembly that has the authority to compel the attendance of its members in the absence of a quorum...

, 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
Confiscation
Confiscation, from the Latin confiscatio 'joining to the fiscus, i.e. transfer to the treasury' is a legal seizure without compensation by a government or other public authority...

, or forfeited
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...

.

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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, a person who was not found guilty after an arrest can remove his arrest record through an expungement
Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the...

 or (in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

) a finding of factual innocence. A legal action is sometimes filed against the government for wrongful arrest. A foreign citizen arrested anywhere in the world for drug-related suspicions can not use the Visa Waiver Program
Visa Waiver Program
The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...

 for visits to the USA.

These collateral consequences
Collateral consequences of criminal charges
Collateral consequences of criminal conviction, commonly referred to as the "Four C's" are the additional civil state penalties, mandated by statute, that attach to criminal convictions. They are not part of the direct consequences of criminal conviction, such as incarceration, fines, and/or...

 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
    Surety
    A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...

  • Citizen's arrest
    Citizen's arrest
    A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...

     (or any person arrest)
  • Individuals with powers of arrest
    Individuals with powers of arrest
    Originally, powers of arrest were confined to sheriffs in England for a local area. Over the past few hundred years, the legal power of arrest has gradually expanded to include a large number of people/officials, the majority of which have come to the fore more recently...

  • House arrest
    House arrest
    In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...

  • Detention of a suspect
  • Arrestable offence
    Arrestable offence
    Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term felony...

     (obsolete term in UK law)
  • Law enforcement agency
  • Nightwalker Statute
    Nightwalker Statute
    Nightwalker statutes were English statutes, in the era before modern policing, allowing or requiring night watchmen to arrest those found on the city streets and hold them until morning...

  • Resisting arrest
    Resisting arrest
    Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:* threatening a police officer with physical violence while being arrested...

  • Pre-dawn raid
    Pre-dawn raid
    A pre-dawn raid refers to a military tactic that involves a group of people, usually military personnel, raiding a location in order to gain an upper hand in combat, retrieve an important document or file, or capture a specific person...

  • Police and Criminal Evidence Act 1984
    Police and Criminal Evidence Act 1984
    The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...

  • Arbitrary arrest and detention
    Arbitrary arrest and detention
    Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law...

  • False arrest
    False arrest
    False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction...


External links

  • Directgov Being stopped, questioned or arrested by the police (Directgov, England and Wales)
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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