Arrest

What Exactly Is An Arrest?

An arrest is the act of apprehending and taking a person into custody for suspected crime. It’s like when you’re playing hide-and-seek, but instead of finding someone to tag, law enforcement finds someone they think might have done something wrong.

The Word ‘Arrest’ – A Brief Etymology

Interestingly, the word ‘arrest’ comes from French and means ‘to stop or stay’. Just like when you’re playing a game and suddenly the clock stops, an arrest is that moment where everything in someone’s life seems to come to a halt.

Different Procedures for Making an Arrest

Depending on where you are, making an arrest can follow different procedures. For instance, in India, no formality is needed during the procedure of arrest, but police must inform the person being arrested of their offence and rights. It’s like when your teacher tells you what rule you broke before sending you to the principal’s office.

United States: A Different Approach

In the United States, there are some key distinctions. An arrest requires a reasonable individual to feel free to leave after a brief and cursory stop. Think of it like being stopped by a teacher for a quick chat – if you can walk away without any further interaction, it’s not an arrest.

Minor Crimes vs Serious Crimes

For minor crimes, law enforcement agents issue citations for minor crimes and do not detain individuals unless there is probable cause. It’s like getting a warning instead of being sent to the principal’s office for a small infraction. However, in serious crimes, defendants are held in pre-trial detention, may be released on bail under certain circumstances, and have their picture taken.

Arrests Under English Law

In England, arrests fall into two general categories: with and without a warrant. In Northern Ireland, arrest powers are informed by the Police and Criminal Evidence (Northern Ireland) Order 1989. In Scotland, a justice of the peace can issue warrants to arrest suspects and witnesses.

Arrests in Hong Kong

In Hong Kong, police may arrest a person according to a warrant issued by a Magistrate under sections 31, 72, 73 or 74 of the Magistrates Ordinance. A police officer can ‘apprehend’ (i.e., arrest) a person if they reasonably suspect the person is guilty of an offence.

Notifying the Arrested Person

In the United Kingdom, a person must be told that they are under arrest in simple, non-technical language. The caution required states that the person does not have to say anything, but it may harm their defence if they do not mention something that was done in court.

United States: Miranda Rights

In the United States, based on the U.S. Supreme Court ruling in Miranda v., Arizona, police must inform detainees of Fifth Amendment and Sixth Amendment rights for statements made during questioning to be admissible as evidence against them in court. A Miranda warning is required only when a person is in custody and being interrogated.

Consequences of an Arrest

The consequences of an arrest can be severe, including absence from work, social stigma, and legal obligations to disclose convictions when applying for jobs, loans, or professional licenses. It’s like having a big black mark on your record that follows you everywhere.

Removing Your Record in the United States

In the United States, a person who was not found guilty after an arrest may remove their arrest record through expungement or finding of factual innocence. This is akin to erasing a mistake from your report card – it’s not perfect, but it can help.

So, the next time you hear about an arrest, remember that it’s a serious matter with significant implications. Whether it’s for a minor offense or something more serious, understanding the process and its consequences can help us all navigate our interactions with law enforcement better.