Bail and Powers of Arrest In this part of assignment I will write about the police powers to grand bail, as well I will assess why the police have the powers to grand bail and at the end I will evaluate the police powers of arrest, warrant, detention and search. Bail is the term used when the person is under suspicion or has been charged with a criminal offence but is released from the custody until he or she next appears in court or police station. Once the person did any kind of offence, police have the power to arrest the person and take it in to the custody. Once the person into the custody, he or she will be taken to the questioner by the police officer or investigator. After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services).
Include any important potential economic, social, or political pressures, and exclude inconsequential facts. | Law enforcement officials have the responsibility to determine if the offense is grave enough that it requires apprehension of the offender based on probable cause. In this case however, the individual was driving under the influence so he is risking the lives of those around him and the he is also putting his own life in danger. He is also breaking the law, morally and ethically, the individual should immediately go to jail but there must be a trial first. The officers must have enough probable cause or sufficient evidence to validate the arrest of the offender.
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
Arrests without a warrant An arrest without warrant is an arrest of an individual without the use of an arrest warrant in England and Wales, usually under Section 24 of the Police and Criminal Evidence Act 1984. Section 24, provides that a constable may arrest, without a warrant, anyone who is about to commit or is currently committing an offence. The constable is also entitled to arrest anyone guilty of an offence or anyone who he reasonably believes to be guilty of an offence. However, the constable must have reasonable grounds that any of the following reasons make it necessary to arrest the person in question, an arrest without an warrant would justified if the person is: - • Causing physical injury to himself/herself or any other person, • Suffering physical injury, • Causing loss of or damage to
An arrest without a warrant would be one that someone, usually an officer, caught someone in the act of committing the crime. Such arrest warrants can only be issued for someone over 18 if: The offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or The person's address is not sufficiently established for a summons to be served on him. Or, if: A person has failed to attend court in response to a summons, The court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings, it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons, and that a reasonable sum has been paid or tendered to him for costs and expenses, and It appears to the court that there is no just excuse for the failure. Unit 17 P2 Unit 17 P2 Rights of a detained person 1. When you're arrested If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned.
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
Police Powers Stop and question It’s one of the basic powers that police have. They can stop you at any time and ask you what you are doing here and why you are in this area or where you are going to. However you don’t have to answer any of those questions. Stop and search This is one of the most important powers of the police force and those include stopping persons and vehicles if they have reasonable grounds to suspect that you are carrying for example illegal drugs, a weapon or something that could be used in committing a crime. You can also be searched without ‘reasonable grounds’ if it has been approved by a senior officer and this can happen if you’re suspected of being in a specific location or area and if you’re carrying a weapon or have used one.
Hello, today we will be conducting an operation on gangs, raids and arrests of gang members. I am aware that some of you have heard of the Gangs. In the operations of the federal investigation of gangs, details and information are gathered for the trial of the defendant’s. The members of gangs are very dangerous, so the agents are to classify and treat them as armed and dangerous, and use the legal precautions to protect themselves. The precautions that these agents have to take are for their protection, so that they won’t be in harm’s way.
Also the police response to criticism and their willingness to learn and change will be discussed. Necessary Force ACPO (2011) mission of statement and values states, “only that force which is necessary to accomplish our lawful duty.” Referring to a police officers powers regarding use of force, which is covered by s.117 of the police and criminal evidence act 1984, which “gives the officer a power to use reasonable force if necessary.” (Hutton, Mckinnon and Connor, 2014, p.11) The case of Ian Tomlinson demonstrates an officer’s abuse of his power of necessary force, which resulted in the unlawful killing of Ian Tomlinson. The Crown Prosecution Service (2010) tells us how Tomlinson was “struck with a baton and pushed very strongly in the back” by a police officer (Simon Harwood), causing him to fall to the ground, which later resulted in his death at the G20 riots. Simon Harwood pleaded guilty to a charge of gross misconduct before a police panel (Inquest, 2012). It’s clear that Harwood failed to comply with s.117 of PACE act 1984 and the force he used was excessive and unlawful.
In order to establish a false arrest claim, the person detained must prove that the arrest is unlawful and such unlawful arrest resulted in injury. An arrest is unlawful when the police officers in question did not have probable cause to make the arrest. An arresting officer who fails to take the arrested person before a court or magistrate within a reasonable time or without unnecessary delay is guilty of false imprisonment. Similarly, an officer who arrests a person without a warrant is liable for false imprisonment by detaining the prisoner an unreasonable time. Generally, false arrest is one of several means of committing false imprisonment.