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UNIT 17 POLICE BAIL ASSIGNMENT 1 (D)
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I achieved a distinction (D) for this piece of work which includes all references throughout.
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Assignment 1 caulkettjUnit 17 Police Powers in the Public Services
In this assignment I will firstly be describing the difference between arrest with and without a warrant
and then I will be stating the rights of a detained person. Next, I will be explaining the powers the police
have to search people and premises and explaining the requirements of lawful arrest and detention.
Finally, I will be evaluating police powers of arrest, detention and search.
P1 Arresting with a warrant
This requires the police to make a formal application to a magistrate's court in order to arrest the
suspected individual. There is an act which states how and why an arrest warrant can be issued, this can
be found in section 1 of the Magistrates` Courts Act 1980. The process of arresting with a warrant
involves writing a form with the person's name and what they have done, this form will then go through
a magistrate's court and if they issue the police with a warrant, the suspect will then be arrested even it
is involves forceful entry and reasonable force to enter the suspects property. The police must show the
suspect the warrant and the suspects name must be correctly written on the paper otherwise they
cannot lawfully arrest the suspect.
Arresting without a warrant
This is the most common form of arrest where police have no idea who the person is that they are going
to be arresting this is usually a swift process. The individual being arrested cannot ask if they have a
warrant because it will give the suspect time to get away. An example of this would be if the police were
to see someone dealing, they will not have time to request a warrant as by the time they do the suspect
could have moved to a different location and all traces of illegal substances can be discarded. One key
thing that separates arresting with and without a warrant is the time it takes to arrest them, also
arresting with a warrant also means that the suspect is already known to the police and more searches
will be done first because requesting for a warrant. This type of arrest is also much safer than without a
warrant as there is less risk to the officers and themselves. On the other hand, arresting without a
warrant requires officers to act quickly and stop the suspect while they are in the process of committing
a crime, which involves them to be arrested straight away to avoid losing the suspect.
The police have the power to arrest without a warrant in situations such as...
1. Protecting a child or someone who is deemed vulnerable from a dangerous situation.
2. Preventing the suspect from getting away and hiding evidence.
3. If the individual won't give the suspect their name and address or the officer has obvious reasons to
believe that the information that was given was incorrect.
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