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. Only the police have the power to arrest if they believe a crime is about to be committed. 2. You can only make a citizen’s arrest for an arrest able offence; the police can make any arrest. Most of UK citizens today don't make an arrest, however they should if there is violence involved, but the safest thing to do is to call for the police.
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).
Depending on what the magistrate determined in regards to keeping or releasing a person or if that person posted bail a preliminary hearing will be set. This will be the first court room representation for the person. This person will not be sitting in court as there are no sentencing or pleas taken at this time. This subject will be represented by his attorney or public defender. During the preliminary hearing, a magistrate will determine if a crime had been committed, if the crime committed occurred in the court’s jurisdiction, and if there is probable cause to believe the person committed the crime(s).
The criminal justice process begins when an officer informs a person that they are under arrest. An arrest is when a person is taken into police custody, and is no longer free to move about as they please. Handcuffs and physical restraint are not necessarily used, but as a precaution, officers usually utilize handcuff’s to prevent the escape of a suspect. The key to an arrest is the ability of officers to exercise authority over an individual, and that person’s submission whether voluntary or involuntary. An arrest is called a custodial arrest and defined as an officer taking into custody a person pending criminal charges, and the individual’s right of locomotion is restricted.
C. Refer to juvenile court The police officer may also place the juvenile in custody and refer the case to juvenile court. When it reaches juvenile court , a prosecutor or juvenile court intake officer take over. The case could be dismissed. The court could also handle the matter informally , or file formal charges. D. Arrested Charges could be filed against the youth once it reaches juvenile court.
However, it is ‘exercisable only if--(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question;…’. According to subsection (4), the reasons are ‘to prevent the person in question – (d) making off before a constable can assume responsibility for
During another search, police found even more evidence. Procedural History: The case was Issues: Issue 1: Whether the exclusionary rule applies in this case. The rule forbids using illegally obtained evidence in court unless it was an emergency circumstance. However, the police stated there were exigent circumstances that surpassed the need for a warrant. At the same time under the police-created exigency doctrine, exigent circumstances do not justify a warrantless search if the circumstances were created by the police [ii].
The argument is that police are too involved in the legal aspects of collecting evidence, while intelligence agents are too uninvolved. There is also concern in the area of relinquishing control and sharing information. Non-criminal information would need to be released to state and local police officers that may or may not have the training necessary to allow them to analyze and use the data. Not all intelligence agencies are willing to hand this information over. At the same time, police are not always willing to accept help or give up jurisdiction to federal agents like the FBI or CIA.
But first the defendant must be able to show that the trial court acted improperly on a question of law. It can include the introduction of tainted evidence by the prosecution or faulty jury instructions. About 17% of criminal convictions are appealed. If the jury finds the accused not guilty, the prosecution cannot appeal to have the decision reversed because it would interfere with the defendants 5th amendment rights against multiple trials for the same offense, which is known as being tried a second time for the same crime also called double jeopardy;” the state is not allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense, and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that though innocent he may be found
Probable cause refers to fact or evidence that would make a reasonable person believe that a crime or wrong doing has been , is being or will be committed . Probable cause must exist for a law enforcement officer to make a arrest without a search , search with out a warrant or seized property in the belief that the items seized are evidence of a crime . This would be know as warrantless searches . (dictionary.law.com) Two types of warrantless searches are vehicle searches and searches of any school , office building , and prisons . For example Vehicle searches are permitted without warrants providing the officer conducting the search has probable cause to do so in which the officer must provide this evidence to a judge .