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By Asma Nagra and Richa Desai

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Arrest with or without
Without a warrant by police and private
Private citizens can only make an arrest in
respect of indictable offences such as burglary,
theft, robbery or causing ABH (Actual Bodily
A citizen's arrest can be made if;
1. Someone is in the act of committing an indictable
2. Where the citizen has reasonable grounds to
believe someone is committing an indictable
3. Where there has been an indictable offence and…read more

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1. It must appear not reasonably practicable for a
police officer to make the arrest
2. It must be necessary to prevent the person from;
Causing physical injury to themselves or others
Suffering harm
Causing loss or damage to property
Making off before the police can take over…read more

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Responsible grounds for suspicions
In section 24, powers of arrest are exercisable where a police
officer reasonably suspects that an offence has been, is
being or will be committed. This includes illegal drugs
under the Misuse of Drugs Act 1971 and stolen or prohibit
items under PACE. Although, Lord Devlin described this "a
State of conjecture or surmise where proof of lacking" in
Hussein v Chong Fook Kam (1970). There was guidance
given in Castorina v Chief Constable of Surrey (1988)
suggest that if the arrest is unlawful then these three
questions need to be answered:
Did the arresting officer suspect that the person who
arrested was guilty of the offence?
Assuming that the officer has the necessary suspicions,
was there reasonable cause for that suspicion?
If the answer to both those questions is "yes" then the
officer has discretion to arrest, and the question then arise
whether it has been exercised in accordance with the
wednesbury principle…read more

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Arrest with warrant
Arrest with a warrant the police can apply to
Magistrate the named person, this is issued under
S1 Magistrate's Court Act 1980. A warrants for
arrest may only be issued where the offence is triable
either indictable or punishable or the suspect's
address isn't clearly recognised in order for the
procedure to be tracked.
The police should require a written information
supported by evidence under oath, showing the
named person or suspected the offence committed.
If they have committed a serious crime they will be
sentenced to imprisonment or if it is a crime in which
the person my be charged or on bail.…read more

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Other Statutory rights of arrest
Breach of the peace
The concept of breach of the peace has a long history dating back to medieval times. The definition of this is
of this is often loosen by the courts because so that the term can keep pace with changing of social
behaviour. The police can arrest where there has been or there is likely to be a breach of the peace. This
applies even if the behaviour complained of was on private premises, as shown by the case of, McConnell v
Chief constable of the Greater Manchester Police (1990)
Arrest as a preventative measure
Preventive measures are measures of pressure taken towards the suspect or the accused to prevent their
inappropriate behaviour during the criminal proceeding and to ensure the execution of the sentence.
The following are the kinds of preventive measure:
a written obligation not to leave a place
a personal guarantee
an organization guarantee
taking under supervision
taking under supervision of commander
3. Arrest and bail shall be executed in respect to the accused only. Supervision shall be executed in
respect to an under-age person only. Supervision of commander shall be executed in respect to a
serviceman or a conscript at the time of drafting.
4. The types of preventive measures prescribed by paragraph 2 of the present Article shall not be
executed in combination with each other. Bail shall be considered a measure alternative to arrest and
shall be granted only upon decision of the court about the arrest of the accused.…read more

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