Arrest - Powers And Conditions

Question 1

When would you arrest someone for a minor crime?

Answer 1

To prevent the repetition of the offence or where the offender refuses to desist

When the offender fails to give you their name and address to your satisfaction or whether name and address is not known and cannot be ascertained

Where it is in the interests of the offender or the interests of public safety that the person be restrained (arrested) for a time

When the offender apparently has no fixed address

To prevent an evident intention to abscond

Question 2

Explain a conditional power of arrest

Answer 2

Statute may give you a conditional power of arrest. Statute well stipulate that you may arrest the offender but only if certain conditions are met. These conditions are often similar to the common law above e.g. where you have an offender with you but cannot ascertain their identity etc

Question 3

Explain an unconditional power of arrest

Answer 3

The statute may give you an unconditional power of arrest this means that the statute stipulates that you can arrest the offender and all cases no specific conditions have to be met

Question 4

Explain silent in relation to power of arrest

Answer 4

When a statute does not mention a power of arrest the legislation as described as being silent on the matter

Where this is the case you can revert to your common-law powers

Question 5

What factors lost to consider when deciding whether to arrest someone

Answer 5

The nature of the crime

Circumstances in which the crime was committed

The character of the offender

The evidence available

Question 6

Explain your power of arrest in relation to time

Answer 6

The power you have to arrest without warrant diminishes with time. If you do not apprehend an offender immediately following the crime the justification for arrest must be carefully considered

Question 7

And what circumstances do you have the power to arrest someone without warrant at common law?

Answer 7

You see someone committing a common-law crime

A person is accused by and apparently credible witness of having shortly before committed a common-law crime

You see someone running away from the scene of a crime pursued by others

Someone is threatening danger to the lieges

Someone who is offensive to public decency