Arrest- Introduction Common law ' Statutory POA

Question 1

What was the purpose of arrest

Answer 1

To bring a crook to court to face a criminal charge

Question 2

What is the difference between detention and common law arrest

Answer 2

Common Law Arrest

1. physical restraint
2. for the purpose of bringing crook to court >face criminal CH

Whereas Detention was used for law enforcement purposes for the purposes

1. securing ID
2. conducting a search
3. Questioning

Question 3

1) What was the case law that changed POA in ENG
2) What did this case law specifically change

Answer 3

1) Dallison V Caffery
2) Questioning changed to an investigative tool -enabling police to detain and question This requirement was not adopted though in Australia. Until amendments were done to the Crimes Act 1958

Question 4

At Common Law what could you not do when you had arrested person

Answer 4

1. Not delay in taking a person to court
2. However incidental I/V permitted prior to court attendance i.e questioning was permitted prior to the court opening.