arrest, searches and seizure

Question 1

what is an arrest?

Answer 1

an arrest is an act which deprives the arrested person of his liberty by taking him into lawful custody in order that may appear before a court to be dealt with according to law.

Question 2

what are the sources of powers of arrest?

Answer 2

common law
statute law - summary courts act, police service act, criminal, warrants

Question 3

what constitiutes an arrest?

Answer 3

seizure of the body

words alone are enough - once he understands that he is under arrest.

Question 4

section 16 - detention of persons

Question 5

what are the considerations for arresting a person?

Answer 5

• was the offence committed
• is it an offence for which you have the
  powers of arrest
• is this the person who committed the
  offence

*public safety
* suspect’s safety
* nature of the offence
* preservation of evidence

Question 6

what are the reasonable grounds for the arrest of a person.

Question 7

what are the 7 summary procedure to effect an arrest?

Answer 7

1) identify yourself
2)tell the person that he/she is under arrest and seize the body of the person
3) tell the person for what offence he/she is arrested
4) caution and note reply if any
5) tell the person of his /her rights
6)search the person
7) convey the arrest person to the station via the shortest possible route