With or without warrant arrest: There are two form of arrest that a police use in the U.Kone is with warrant and the other is without warrant. If the police want tomake an arrest. They must get a warrant from the magistrate’s courts, thepolice officer must present details of the suspected individual, this appliesto the situation and the evidence that have shown, the court will issue awarrant and think is fair to do so, the police will have full power to thearrest. The police have the power to arrest a person underreasonable suspicion that an offence has been or is about to be committed.
Theyhave to make an arrest because it would create problems for the officer, as hehad to wait for a warrant while the crime is being committed however; arrestwithout a warrant is a human violation right to freedom. Police criminalevidence act of 1984 S24 pace is replaced by s110 of the serious organised cameand the police act 2003. This state an arrest can be made without a warrant.Sometime arrest can be made without a warrant for the safety of the people andthe officer and the person himself. In this case, the joker was arrestedwithout a warrant.
The criminal justice and public order act 1994 and now s46aof pace give the police the right to arrest anyone without a warrant if theyfail to attend to the police station. The officer must have a good reason to make an arrest andshould provide evidence for the magistrates’ court but they can make an arrestif a suspect is committing a crime without a warrant. Necessity test: · The person is not giving the wrong name andaddress to the officers · Is to prevent the person in questions so they donot cause any physical injury to himself or any other person or if there aresuffering physical injury. Causing of loss and does not damage any property,causing an unlawful obstruction of the highway. Is to a child or othervulnerable person form the question. · To allow the prompt and effective investigationof the offence of the person in question. · To prevent any prosecution for the offence.
Reasonable grounds The constable has reasonable ground to believe if a personcommitting a crime or has committed a crime, is about to commit an offence. Itis important that they believe the arrest can be necessary. As previously s 24 arrest without warrant(1) A constable may arrest without a warrant – · Anyone is about to commit an offence · Who is act on committing offence · He as reasonable grounds of suspecting is aboutto commit an offence · He as reasonable grounds of suspecting to becommitting an offence Reasonable suspicion It has been difficult should it beconsidered as general understanding was that reasonable depends on theindividual officer, what they believe is for reasonable suspicion, it neededclarification and in European court of human rights a sae O’Hara V U.
K 2000 thecourt decided that reasonable suspicion should be confirmed through a two-parttest. 1. Officers must have actual suspicion subject.2. These must be reasonable grounds for thosesuspicion objectives. Code G The police code of conduct contains different rights, whichare given to the arrest person. Code G comes from pace and says that a lawfularrest requires.
1. A person involvement or suspected involvement orattempted involvement. 2. Reasonable grounds for believing the person’sarrest is necessary.3. Arresting officers must inform the personarrested that they have been arrested even where is obvious. In this case jokerwas arrested without informing him and he does not know why is being arrested.
4. The power of arrest exits where the officer hasreasonable grounds to believe arrest is necessary. Code G and pace together offer significant safeguards to theindividual during arrest, for example under s,117 paces which covers dealingwith reasonable force only, that the officer must use reasonable force. On thiscase joker was not informed of his arrest and the officer grab him and drag himto the van which is not reasonable force, as they should give a choice to thejoker wheatear he wants to be dragged to the van he could simply walk to thevan. The reasonable judgement as it depends on the surrounding circumstances,the officer will do as much he can to keep him/her safe from hurting themselvesor anyone else around them. S28 pace that even where is obvious, the detainee must betold accessible language that are being arrested and the reasons why there arebeing arrested for, as the officer cannot assume that the detainees knew. Code C says that the detainee should be cautioned.
You do not say anything but is may harm your defence if youdo not mention, when you are being questioned by the officer you have the rightto remain silence. When you come to the court and then you say your story theymight not believe you as the judge would think you needed time think of anexcuse and lie in the court. If you tell, the truth to the officer, which mightbe, used evidence against you in court, which is why when you are arrested theofficer cannot allow an opportunity to have time make up an excuse, whateverthe reason is you being arrested. Citizen’s arrestSerious organised crime and police act 2005 creates new s24ain pace. Citizens are permitted to make an arrest but only for indictableoffence.
This is with reasonable suspicion such as offence is being committed.Put they should be aware of where they keep the criminal. The citizens areallowed to hold a criminal, put to attack them, as they are not trained as the policeris trained. They must be careful of criminal having a weapon on them. As publicsafety, come first.
You are not allowed to keep a suspect locked up in a room.However, you can hold them until a police officer arrives. In this case the joker was not informed of his arrest andarrested without a warrant and at the time he was not committing any crime or anyonewas in danger, at the scene joker was sitting down and reading a newspaper. Theofficer should have got a warrant first before an arrest however if the jokerwas committing a crime the officer would not need a warrant but joker was notcommitting any crime. Stop and search, the joker was not search at all to checkif has any weapon on him to hurt himself or anyone else around him, which brokethe law, stop, and search. Under s58 that even, where it is obvious thedetainee must be told of his/her arrest. The joker was not informed of hisarrest he was taken. He was not told what his crime was and why he was beingarrested.
Joker was dragged to the van; the joker was not trying to run awayfrom a police officer but he dragged to the van the officer should usereasonable force under s117 of pace an officer should use reasonable force. Detention After the search and all, there might be an arrest. Thepolice will have to take you away to the police station and out their searchand you will be questioned at the same time. The suspect must be taken as soonas possible and to preserve the investigation. There are reasons suspect to be taken to the police station.· The police cannot take a risk that the arresteewill voluntarily come to that station. What if he/she runs off? · There could be a chance of tampering withevidence if the arrestee is allowed to go home. · There could be a chance of intimidatingwitnesses or arranging false alibis of the arrestee is let go.
· Taking the arrested to the police station is amethod of protecting the public. There are strict rules and regulations to do with detention,these cover the treatment of the suspect, and the length of time the suspectcan be kept at the station. These rules and others are found in code ofpractice C. Under s23 pace the arrest person must be brought to thepolice station as soon as possible after the arrest. The suspect under s36 pacemust be bought to the custody officer.
The custody officer will access the evidenceand ensure there is enough evidence to make an arrest. If there is not enoughevidence to charge. The custody officer uses s37 pace decides whether he/shebelieves the officers needs more time gather more evidence. If this is thecase, grant the suspect bail under s38 pace. If any evidence found, the suspectwill need to go to the court the time given if not, there will arrest in placewithout any question.
Time limits on detention.The custody officers has the job of ensuring the detentionis lawful under the pace. He/she is not there to take sides and has the job ofbeing impartial and objective. Under s40 pace the custody must review after 6 hours andevery nines after you bail. He/she does this speaking to the arresting officersand obtaining a progress of their case. The officers must be seen as beingactive a possible for the detention to continues.
S41 of pace allowed detention of a suspect of withoutcharges to be up to 24 hours, as this could be increased up to 36hours unders42 criminal justice act 2003. The detention time can be increased if thecustody policer allows it as the police officer shown enough evidence thathe/she needs more time. The maximum time for detention without a charge is 96 hoursbut it can only prove by magistrate approval.
If the policer could not provideany evidence, the suspect can be released from the jail. Most likely, theywould keep you up to 36 hours but extreme measures like rape or murder theywould keep you up to 96hours. Right to inform someone. S56 of pace states the detained can nominate someone thatwill take an interest in their in their welfare. The person must be told of thearrest and where the detention is happening.
Under s56, you have the right toinform someone of your arrest so they know where you are and not beingkidnapped. However, this right can delayed by a senior officer for 36 with areasonable ground to believe that the evidence or investigation will beinterfered with. Sometimes informing someone can be delayed because if someoneis inform they can get rid of the evidence which is why someone times it can bedelayed by the senior officers. S58 of pace sates that the detained must be informed oftheir right to legal advice.
Either their own or provide free of charge. The detainedmust be told orally about this right but also have a document that states thistoo. Senior officers can delay this for 36hours if he reasonably believe thiswill harm of interfere with investigation. This right can be delayed but usually very rarely and musthave good reasons to do so. The rights can be revoked where the police believethat informing others of the detention could hinder the investigation. Thereason this is because it could evidence and investigation can be temperedwith. Other rights S60 of pace the interview must be videoed or taped andpolice should keep this recording as a record.
This is important, as this wouldshow proof of evidence. They would hear from the suspect him/her self. To showwhat they have said. S57 of pace vulnerable suspect (under 17, mental disorderand disability) should have an appropriate adult with them during questioning,in order to make them feel confident or the adult can answer for him/her of thepolice officer does not understand. Intimate searches and sample S55 of pace covers the intimate search of a detainee. Withthe authority of an inspector of higher, the police have the power to conductan intimate research on a person in custody. This means stripping the suspectdown and making the search.
Obviously, the police have a responsibility to makethis search as respectful as possible and private. Is to check if a suspect ishiding any evidence from the officer. If a suspect has a strong smell or aweapon, they hiding the police will have to do a high search, which meanstaking him/her to a police station where they will carry out a search in aprivate room with same gender. This search can be used where the policereasonable believe the suspect has something that can cause harm to him orothers in either custody or court. The search can also be extended to searchfor class A drugs this search would be carried out by medical professional or aquailed nurse. There are further searches Intimate search for blood, saliva and semen can be takenfrom the suspect.
Under s62 of pace. This because the they would want to knowif your involved or witness to a crime scene. Non-intimate samples like hairand nail clipping can be taken with the permission of an inspector or above.Under s63 of pace. They are allowed to take sample of your hair and nail inorder to see if you are involved or witness to a crime scene. DNA informationcan be taken and placed on the police data based indefinitely.
Under s64 ofpace, after the bail all of the DNA data should be deleted and only keep thosewho convicted should be kept. Police can also take fingerprints from a suspectunder s61 of pace. In order to match the suspect hand that have been holding aweapon or touched something that would proof there were at the crime scene orwitness a crime scene. Impressions of footwear can be taken from the suspectunder s61 of pace. Other rights Under s60 of pace the interview should be videoed or taped.The recording should be kept with the police as record and proof of what thesuspect has said. As they would know what they have said and do not lie aboutwhat they have said.
Under s57 of pace venerable suspect under the age of 17,mental disorder and disability should have an appropriate adult with themduring questioning, they would do that to make them feel comfortable the adultwould answer for them if they do not understand what the suspect havesaid. The joker was straight taken to cell instead to a custodyofficer, under s36 suspect must be first bought to the custody officer, thepolice station who will then asses the evidence and ensure there is enough evidenceto make an arrest. If there was enough evidence the joker would be kept in thecell for 24 hours until the officer have provided any evidence to put joker inprison for the rest of his life. The joker was not checked in but straighttaken to a cell. The officer declinedto joker have a legal advice. Under s56 of pace states, the detained cannominate that will take an interest in their welfare.
Under s58 of pace statesthat the detainee must be informed of their right to legal advice. Either theirown or provided free of charge but joker was not informed of the right to legaladvice but he was refused to have any legal advice. Right to legal advice canbe delayed if the senior officer say so, but it can only be delayed for 36hoursonly. Joker was denied any legal advice, without senior officer ofapproving. The Joker has not been arrested by using the law andtherefore The Police has not worked alongside the laws, the acts and havebroken all laws, which makes The Police make themselves look veryirresponsible.
Overall I think The Police should use the laws correctly beforemaking an arrest, follow all steps to make sure that there are no problems andlastly try and have enough evidence when making an arrest so when it comes tointerrogating. The Police can make sure that at the end of this process thesuspect arrested is the right person.