Arrest - Unlawful

Question 1

Can restraint of a person be classified as imprisonment. Can imprisonment pose potential problems for PO.

Answer 1

Whether formal arrest has been made or not -a restraint can be seen as imprisonment -

unjustified imprisonment exposes PO to potential criminal and civil liability

Question 2

Should a person be told the reason for his arrest

Answer 2

Yes >

If not told then the reason for arrest maybe unlawful >

also allows the person to exercise his right to resist the arrest.

Question 3

How can you determine if an arrest is unlawful

Answer 3

There is a distinction b/w 1. Arrest not authorised by law > absence of POA

>failure to comply with pre-condition to arrest 2. Arrest accompanied by some wrongful act.