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Arrest And Detention Essay

663 words - 3 pages

Arrest and detention
A warrant is a written authority issued by a judge following information worn by an officer. It is issued under section 1 of the magistrates court act ( 1980) ordering an officer to arrest the named suspect. The warrant must be signed by a magistrate before an officer can arrest the suspect. The practise relating to a arrest is code a and code c. The majority of warrants are issued for not paying fines or for failing to appear at court. Warrants can be executed by police, civilian and enforcement agencies.
Officers can arrest without a warrant if one of these apply:
Physical harm-prevent
Obstruction – prevent
Loss or damage – property
Investigation for an offense
Child or vulnerable person – protection
Evade justice – stopping someone from getting away
Decency- prevent an act of indecency
An officer can arrest if he has reasonable grounds to suspect that a crime is about to happen , in the act of or has committed. Without a warrant ...view middle of the document...

The rights of a detained person are
Must be informed of their legal rights
Free legal advise
Right to speak to a solicitor privately
Read the codes of practice
To have someone informed of their detention
An interpreter
Free medical treatment
Inform embassy (foreign nationals)
Writing materials
One phone call
Reasonable physical comfort
3 meals a day (2 light, 1 main)
Clean bedding
Washing toilet facilities
Brief outdoor exercise (if practical)
8 hours sleep (no interruptions)
Custody time limits
24 hours – from time of arrival at police station
24-36 hours – superattendent can authorise up to this D.E.S
ours – court must authorise
96 hours is the maximum time a person can be held.
At a station a detained person would have DNA samples taken such as blood, urine, saliva ,dental or pubic. Also a police interview will take place. Basic principles of the rules governing police interviews are in PACE Code C – Detention, treatment & questioning. PACE Code F – Covers Visual recordings of interviews. A taped recording with a written transcript or summary must made for all interviews.

The requirements for lawful arrest and detention
The circumstances in which an arrested person may be kept in police detention are set out in PACE. The detention is unlawful unless the provisions of PACE are complied with. To protect the rights of innocent citizens, the police must follow certain legal requirements before and during a lawful arrest and detention. These rules kick in to effect before the police approach you, after they take you into custody and even after you are placed in a jail cell. These important legal rules help provide a balance between maintaining public safety and respecting the private rights of arrested person may be kept in police detention are set out in PACE. The detention is unlawful unless the provisions of PACE are complied with. circumstances in which an arrested person may be kept in police detention are set out in PACE. circumstances in which an arrested person may be kept in police detention are set out in PACE. The detention is unlawful unless the provisions of PACE are complied with. he detention is unlawful unless the provisions of PACE are complied with.

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