Arrest

Question 1

**

Define arrest?

Answer 1

Arrest is an act which deprives the arrested person of h/h liberty by taking him/h into legal custody in order that h/s may appear before a court to be delt with according to law.

Question 2

Sources of powers of arrest?

Answer 2

The common law or case law
Warrant
Statute law

Question 3

**What Constitutes arrest?

Answer 3

Seasure or touch of the body.
Words alone are enough “you are under arrest” Alderson vs booth

Question 4

Considerations for an arrest?

Answer 4

Was an offence committed?
Do i have the poweer of arrest for that offence?
Is this the person who committed the offence?

Question 4

Further Conciderations for an arrest

Answer 4

The public’s safety
The Suspect’s safety
The likelihood of the suspect absconding
The nature of the offence committed
The preservation of evidence.

Question 5

Procedure to effect an arrest

Answer 5

Identify yourself as a police officer via your Police Identification Card.
Tell the person that h/s is under arrest and if necessary touch, hold or seize the body of the person.
Tell the person what offence h/s is being arrested for.

Question 6

Procedure to effect an arrest continued

Answer 6

Caution the person in accordance with the Judge’s rules ii&iii, and note their reply. if any.

Inform the person of h/h Constitutional Rights, and note their request, if any.

Search the person

Convey the arrested person to the Police Station via the shortest possible route.

Question 6

Rights under the Judges’ Rules & Police Service Act

Answer 6

identity of the arresting officer

know for what offence he is being arrseted

a legal advisor of his own choice
writing material
comfort and refreshments whilst giving a statement
protection..

bail once applicable
medical attention
be fed
be taken to court asap
speedy trial

Question 7

Rights under constitution

Answer 7

1. Informed of reasons for arrest
2. Retain and instruct without deley legal advison of his choice.
3. Be brought promptly before judicial authority
4. Remedy by way of Habeas Corpus.

Question 8

What is a charge?

Answer 8

A charge is a documented allegation of wrongdoing contrary to law intended for adjudication by the compitent authority.

Question 9

The Authority to search without a warrant

Answer 9

FAA ch 16:01 sec 27 (4)( carrying of firearms and ammunition in public places)
FAA ch 16:01 sec 29 (1) (power to stop and search vehicles)
PSA Ch 15:01 sec 105 (serching of prisoners)
Summary offences act ch 11:02 sec 36 (unlawful possession)

Question 10

Power to take measurement, photograph, or fingerprint,

Answer 10

Statute-PSA ch 15:01

A police officer may take and record for the purpose of identification, the measurement and photograph of a person who is a detainee or an accuse.