Power of arrest

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The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property. However, in many countries, a person also has powers of arrest under citizen's arrest or any person arrest / breach of the peace arrest powers.

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Individuals with powers of arrest

Originally, powers of arrest were confined to sheriffs in England for a local area. Over the past few hundred years, the legal power of arrest has gradually expanded to include a large number of people/officials, the majority of which have come to the fore more recently. These various individuals all may utilise similar or different powers of arrest, but generally adhere to one particular field.

The individuals below have been listed in order of when the power of arrest became available to the individual, starting from the earliest.

United Kingdom

England & Wales

The following individuals all have various powers of arrest or detention within England & Wales in various capacities using the following legislation/law:

  • N.B. s24A is only for criminal offences not limited to summary trial alone

United States

In the United States, various law enforcement officers are able to legally arrest people. Due to the complexity of the American civil legal system, including the interactions between federal, state, county, and local jurisdictions, there are numerous special cases that apply, depending on the reason for the arrest.

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<span class="mw-page-title-main">Arrest</span> Law enforcement action

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<span class="mw-page-title-main">Justice of the peace</span> Judicial officer elected or appointed to keep the peace and perform minor civic jobs

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<span class="mw-page-title-main">Law enforcement in the United Kingdom</span>

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<span class="mw-page-title-main">Police and Criminal Evidence Act 1984</span> United Kingdom legislation

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Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).

References

  1. "Ecclesiastical Courts Jurisdiction Act 1860". www.legislation.gov.uk. Archived from the original on 8 May 2018. Retrieved 7 May 2018.
  2. "Courts Act 2003". www.legislation.gov.uk. Archived from the original on 8 May 2018. Retrieved 7 May 2018.
  3. "Companies Clauses Consolidation Act 1845". www.legislation.gov.uk. Archived from the original on 2023-09-06. Retrieved 2024-04-02.
  4. "The Insolvency Rules 1986". www.legislation.gov.uk. Archived from the original on 2022-05-13. Retrieved 2024-04-02.
  5. "IPCC investigations". Archived from the original on 12 May 2013. Retrieved 7 May 2018.

See also