Power of Arrest Flashcards
1
Q
What is an arrest
A
Depriving someone of their liberty
2
Q
What makes an arrest legitimate
A
It has to be lawful and lawfully conducted
3
Q
If excess for is used in an arrest does it make it an unlawful arrest
A
No, although there may be other offences (assault)
4
Q
What must be said to someone under arrest
A
They must be told that they are under arrest and the grounds of the arrest.
5
Q
When must they be told they are under arrest and the grounds of the arrest
A
At the time of the arrest or as soon as practicable after the arrest
6
Q
What is the exception to not telling someone they are under arrest
A
When it is not practicable because by reason of them having escaped.
