Explain the requirements of lawful arrest and detention

Arresting someone with a warrant is when the Magistrates given you permission. The magistrates only given the police the warrant if they have evidence that the individual is guilty as well as having a good reasonable suspicious on them. The warrant is a document that allows them to search as well as arrest you given by the magistrates. When the police get the warrant then the individual will have let them search or arrest. 1. Arrest without a warrant Arresting someone without a warrant is when the Police have permission from the Police and Criminal Evidence Act (PACE) 1984 section 24.

You wouldn’t be able to search people’s house without a warrant but can be arrested. You will need a reasonable suspicious that they is about to commit a crime or commit it already. This act given the police the power to arrest someone because getting a warrant from the magistrate will take time because of you will need to given reasonable suspicious or evidence that the individual is guilty.

1. Citizens Arrest Citizen arrest is when a citizen arrest someone that commit a crime or going to if there are no police around. You will only be able to hold them down until the police get there. If you take them to a place then it will be called kidnap and you will end up on the breaking the law. Citizens Arrest is a confusing arrest that should not be use by people unless you fully know it. You may think you’re doing the right thing but you may end up breaking the law and will face consequence and then you will know not to do it again. Detention Legal Advice You as a detained person have the right for a free legal advice from duty solicitor. The request will be sent to the Defence Solicitor Call Centre and it will be analyse into serous and non-serious.

Non-serious crime will be passing on to Criminal Defence Services Direct. The solicitor from the Criminal Defence Services Direct will give you advice through the telephone. However you can meet them in person if it’s serious crime and have a private talk to them. Silence You as and detain person has the rights to be silence, however if you did do anything involve with the crime then you should tell the true. You can keep silence and wait for your lawyer and talk to he/she first. If you have nothing to hide then you would cooperate with the police and if you don’t cooperate then it so them that you are involve in the case somehow.

Inform someone A detain person can inform someone that they are arrest like a friends, family or even lawyer. This right can be delay by a police officer rank superintendent or above unless the have good reasonable ground that they will other suspects alert that they will get caught soon or evidence they had may get destroyed by other relatives. Code of Practice The code of practices is a document that has the right a detained person has because there are a lot of right that people may not know. A detained person that doesn’t know they right has a huge disadvantage against the police.

Police has responsible to tell they suspect right but they usually tell them when the police got the answer they wanted. Police should inform you of these main four rights you have as a detained person, however you do not have to use it straight away. Detained person doesn’t mean that you are the criminal but they have reasonable ground that you may be involved with the case. The police officer can hold you for 24 hour by if a superintendent rank or high can keep you longer. If they suspect you of have had been a terrorist then the police can detain you for 28 days.

D1 – Evaluate police power of arrest, detention and search. Introduction In this assignment I will evaluate police power of arrest, detention and search by stating out the advantages and disadvantages for them. Arrest Arrest with a warrant Advantage – Arresting suspect without problem as well as searching their house with permission from magistrates Disadvantage – The warrant may take time due to the fact that they need to produce evidence or good reason to arrest the individual. Arrest without a warrant Advantage – Arresting someone without warrant that less time which can prevent the suspect from committing more crime.

Disadvantage – Citizen’s arrest Advantage – Citizens can detain individual the break the law by holding them down so the police can come with wasting time to chase after him. Disadvantage – It an confusing for some people if you don’t fully know citizen arrest so you may think you are helping the police a hand but it may cause you to break the law. Detention Right for legal advise Advantage – This right help you when you are detain and need legal help from solicitor that are on duty on the phone but if serious then it will be face to face.

Disadvantage – The suspect can get help from solicitor to try to get away by tell people lies about the case. Right to silence Advantage – This right help detained people from getting into more problems. Some time you may be at the wrong place and the wrong time and the police suspect you being involved in the crime. Disadvantage – Police will be more suspicious of them because if they have nothing to hide then they will cooperate with the police but people that don’t cooperate with the police the show them that they have something hidden.

Right to read Code of Practice Advantage – Let the detained person know their right so the police would take their right away. Disadvantage – Suspect the committed the crime can use it for there be Right to inform someone Advantage – You can inform people that you were with at the time of the crime so they can prove you innocent. Disadvantage – You can inform other people to destroy evidence or alert other people involve in the crime.