Evaluation has been considered for each section of this assignment and I have endeavored to provide a comprehensive assignment where the quality of evaluation is very high. D* was announced after marking.
Unit 4 – D2 - evaluate the regulations on arrest and detention of offenders.
Introduction
This assignment is going to illustrate and evaluate the regulations on arrest and detention of offenders. The
topic that am going to cover are including Arrest with and without warrant, other rights of arrest, time limits,
Rights of a detained person and police interviews and criticism and reform of police powers. Evaluation is going
to be all throughout the assignment.
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.
In the case of O’Hara V chief Constable of the RUC, O, who had been arrested without warrant,
appealed against his arrest. His crime was under the Prevention of Terrorism Act 1984 S.12. The police
had reasonable evidence to issue the arrest as he was suspected in terrorist activities. These arrests
are to prevent further crimes from happening. His conviction was therefore uphold.
Private Citizens may issue arrest if someone is in the act of committing an indictable offence or
anyone whom they have reasonable grounds for suspecting to be committing a serious offence. They
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