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23. Human Rights VI: Governmental Powers of Arrest and Detention 

23. Human Rights VI: Governmental Powers of Arrest and Detention
23. Human Rights VI: Governmental Powers of Arrest and Detention

Ian Loveland

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date: 18 October 2019

This chapter examines government powers of arrest and detention. Section I provides a three-part analysis of police powers to restrict an individual’s physical liberty. The first part considers powers of ‘arrest’, the second addresses powers of detention that arise consequent upon arrest but before the detained person is charged with any offence, and the third considers situations in which a person can lawfully be detained without actually being arrested. Section II discusses the deprivation of liberty for ‘terrorist’ offences, specifically powers of arrest and detention from 1945 to 1977, and in the post-1977 era.

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