This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.
Chapter
3. Arrest
Alpa Parmar
Chapter
21. Human Rights V: Governmental Powers of Arrest and Detention
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 under what we might regard as ‘ordinary’ laws. The first part of the chapter considers powers of ‘arrest’; the second section addresses powers of detention that arise consequent upon arrest but before the detained person has been charged with any offence; and the third considers situations in which a person can lawfully be detained without actually being arrested. Section II shifts the focus of the chapter to what we might consider to be ‘extraordinary’ laws, by describing and analysing the extent to which the constitution permits deprivation of liberty for ‘terrorist’ offences, specifically powers of arrest and detention which existed between 1945 to 1977, and then in the post-1977 era.
Chapter
6. Fair trial rights, appeals, and revision and enforcement of sentences
There is no general law or uniform code of international criminal procedure. The International Criminal Court's procedure is still developing, and the ad hoc international criminal tribunals have their own procedural rules. However, defendants before any of the tribunals share certain fundamental fair trial rights. This chapter examines those rights and a defendant's right to appeal against their conviction or sentence. It first introduces general fair trial rights enjoyed by the defendant. It then examines in more detail the content of the right to a public, fair, and expeditious hearing. Next, it considers some of the issues concerning legality of arrest and detention, the right of appeal, and the revision and enforcement of sentences.
Chapter
19. Police powers
The Police and Criminal Evidence Act 1984 (PACE) confers many powers upon the police. This chapter discusses the Codes of Practice of PACE, police powers of stop and search, the power to arrest members of the public, and the powers to enter property. Whether or not a particular power is exercised will be a matter for the discretion of an individual officer. The exercise of this discretion and the extent to which this is subject to review by the courts will be examined. Finally, the chapter looks at two offences under section 89 of PACE which may be committed against the police: assaulting an officer and wilful obstruction of an officer.
Chapter
11. The criminal process: The suspect and the police
This chapter is concerned with the powers given to the police in order to investigate offences effectively, the limits to those powers, and the circumstances in which they may be exercised. It is concerned in particular with police powers to search, arrest, detain, and question suspects. The chapter also looks at the consequences that may follow when the police misuse their powers or break the rules. In relation to police interviews, it considers both the rules that protect suspects and the extent to which the right to silence has been eroded. Finally, the chapter examines who decides whether to bring a prosecution against a particular suspect and the criteria that are taken into account in making that decision.
