You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect. In order to make a citizen’s arrest, they must come under any of the three sets of guidelines, these are: * arrest for an 'indictable offence' under PACE * arrest of a person’s committing, or about to commit, a Breach of the Peace under common law * Use of reasonable force to prevent crime or arrest offenders or persons unlawfully at large under the Criminal Law Act 1967. A citizen’s arrest is still a really important law in the UK as these powers of arrest belong to Police Community Support Officers (PCSOs). There are lots of differences between a citizen’s arrest and a police arrest... 1. If you believe a crime is about to be committed, you cannot make a citizen’s arrest; only if there has or is a crime being committed.
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).
1.5 Where possible the least restrictive interventions should be used as they can sometimes escalate the problem rather than defuse it. Using the least possible restrictive intervention will prevent further harm to any individual involved and will avoid the intervention being deemed as abuse. 1.6 In order to safeguard both the staff member and individual during a restrictive physical intervention, they must only be carried out by a trained member of staff. It must be reasoned that all other measures have been attempted and failed before carrying out restrictive intervention. If at
The 15 marker for crime was by far the one that threw everyone off, including myself. "Explain the tension between community interests and individual rights and freedoms within the criminal justice system." My argument was a little weak but I talked about; -police powers and their investigation process - also how inadmissible evidence of DNA could hinder ones freedoms (I used a statistic) and also how police may abuse their discretionary powers - eg. keep the accused in interrogation for more than 4 hrs without the court-approved extension of 8 hrs -also the criminal trial process - the perceived success of the adversary system where both parties present their oral arguments - but still the fact that the individual is deprived of inequity of distribution of skills, resources and knowledges - I underpinned my contemporary case R v.
If the foreign national chooses to exercise that right, the peace officer shall notify the pertinent official in his or her agency or department of the arrest or detention and that the foreign national wants his or her consulate notified. All the evidence was used during the trial to convict Oliver of these charges. He was convicted for posession of a firearm in public and silencer and convicted for
DISCUSS THE PROBLEMS IN MEASURING AND DEFINING CRIME AND DEVIANCE. INTRODUCTION This paper will discuss the problems faced whilst trying to define and measure crime and deviance whilst also explaining the differences and relationship between crime and deviance. Criminologists have created means of measuring crime which this paper will explore and identify problems which will occur during the recording of crime and will explore influences on crime and crime statistics. DEFINING CRIME AND DEVIANCE Defining crime or deviance is diverse amongst the many different cultures, history and from one social context to another (new texts pg 138) which causes a big problem whilst defining and measuring crime or deviance as what is believed to be criminal or deviant behaviour in one society may be seen as legal or normal behaviour by another society. There are many theories relating to deviance and crime with each theory illustrating a different aspect of the procedure by which people break rules and are classed as deviants or criminals.
Once a law enforcement agency has established that a crime has been committed, a suspect must be identified and apprehended for the case to proceed through the system. Sometimes, a suspect is apprehended at the scene; however, identification of a suspect sometimes requires an extensive investigation. Often, no one is identified or apprehended. In some instances, a suspect is arrested and later the police determine that no crime was committed and the suspect is released. (Bureau of Justice Statistics) If the justice system fails then any crime can be committed such as rape, burglary, murder, driving under the influence, etc.
Holmes & Holmes (2009, p290) stated “To appraise a crime without some knowledge of the victim is certainly remiss.” The victim constitutes half of the crime therefore victimology should be heavily looked at in order to connect them to the offender (Douglas, Burgess, Burgess, & Ressler, 1992).Victimology is important to an investigation process in that, it is not just learning about the victim’s personal history and personality, but it also why the victim was chosen (Petherick, 2010). Holmes and Holmes (2009,p 291) created a list of elements which should be important to victim profiling it includes: "Physical traits, marital status, personal lifestyle, occupation, education, personal demographics, medical history, psychosexual history, court history, and last activities." A victim’s lifestyle, preferences, family, relationships, and routines, can give investigators clues about potential suspects who had access to the victim (Brown & Davenport, 2012). Other concepts that should be considered when victim profiling are the method of approach, method of attack and risk assessment (Turvey, 1999). Con, surprise, and blitz are three methods of approach that an offender will use to capture his victim.
The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace. In a large number of very minor offences (such as parking or speeding offences) the first step is the infringement notice. A person may receive a summons, an order to attend court, specifying the alleged offence. It may be served in person or through the mail. An alleged offender may be arrested, charged and fingerprinted.
This doesn’t include what the media does with celebrities and their private life. This more involves police matters and investigators searching for information. These people do this based on evidence that shows that a person must be investigated and their private life be made more known to them. This may be shown by actions or something a person implied that makes people suspect that they may do something to harm others. At the risk of putting others in harm’s way or jeopardizing other’s lives, police and investigators breech a person’s private matters and make sure that no one else will be harmed.