This piece of work is a comprehensive assignment in terms of the sheer detail that is embedded within it and every section has been fully explained. The grade of D* was declared by a qualified teacher.
Unit 4 – (P4) Describe the regulations regarding the detention of suspected offenders.
Introduction
This assignment tried to explore the rules that apply with arresting a suspect whether it is with
or without warrant. The distinction between the police and private citizens issuing arrest is also
mentioned. Concept such as reasonable grounds for suspicion as well as rules such as the codes
of practice were fully illustrated. Other statutory rights of arrest and arrest as a preventive
measures were thoroughly explained. I have also included information about breach of the
peace and public order offences. Furthermore, the time limits and extensions regarding custody
were analysed but more so the rights of a detainee person were fully demonstrated. Other
topics I have covered in this assignment are including police interviews and a scenario. In the
scenario, I have used the topics of my assignments and summarized it.
Arrest with and without warrant
The police requires to apply to a Magistrates court in order to arrest a suspect. The Magistrates
Court Act 1089 section 1 has explained how and why an arrest warrant can be issued. When the
police applied to the Magistrates court, they must state on what grounds they want to issue the
warrant. If the Magistrates court agree with a warrant, the police has the right to issue the
arrest using reasonable force to entre premises if necessary. It is crucial to take into account
that the name of the suspect must be written on the warrant as if the suspect demands to see
the warrant, the police must show it or they won’t be able to lawfully enter premises or arrest
individuals.
However, most arrests that occurs are without a warrant because the police must act as quickly
as possible and even in some occasions the police arrests people who they don’t really know
their names before arriving on the crime scene. If they issue a warrant, the offender can get
away. For instance, a good scenario would be when the police notices a person breaking into
someone’s property, they do not require to ask for a warrant because that would take time and
they have to act quickly otherwise, the suspect can get away.
The police can also issue arrest without warrant for suspects who have not committed
indictable offences. The police can arrest anyone who they might consider as a suspect of a
crime. On the other hand, the police must issue arrest without warrant in appropriate and
necessary circumstances. Section 24 of the Police and Criminal Evidence Act 1984 which was
replaced by Serious Organised Crime and Police Act 2005 section 110 stated the statutory
authority for a constable to arrest without warrant for all offences. In practice, a constable may
arrest anyone without warrant who is a potential suspect. Furthermore, the police should issue
arrest on in the act of committing an offence. It is essential to consider that a constable must
believe that there is a necessity to arrest the person in order to ascertain the name of the
person and their home address. This is also important in preventing crimes from occurring
especially those offences against public decency.
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