Arrest in United Kingdom

Definition of Arrest

In accordance with the work A Dictionary of Law, this is a description of Arrest :

The apprehension of a person suspected of criminal activities. Most arrests are made by police officers, although anybody may, under prescribed conditions. effect an arrest. In some cases the constable must have a *warrant of arrest signed by a magistrate, which must be shown to the accused (though not necessarily at the time of arrest). However, a warrant is not required for *arrestable offences. Further, a constable who reasonably suspects that a nonarrestable offence has been or is being committed may arrest the suspect if (1) he thinks that service of a *summons is impracticable or inappropriate because a “general arrest condition” is satisfied (for example, if he reasonably believes that arrest is necessary to prevent the suspect causing injury) or (2) he has specific statutory power to make the arrest without warrant (e.g. for *drunken driving or *soliciting) or common-law power (See breach of the peace). When an arrest is made, the accused must be told that he is being arrested and given the ground for his arrest. A policeman has power to search the person he is arresting for any property that may be used in evidence against him. Anyone making or assisting in an arrest may use as much force as reasonable in the circumstances. Resisting lawful arrest may involve the crime of *assault or *obstructing a police officer. A person who believes he has been wrongfully arrested may petition for *habeas corpus and may sue the person who arrested him for *false imprisonment.

See also bail; caution; detention; remand.

Definition of Arrest

Placing a person under lawful detention against their will and denying them of their liberty for the purposes of law enforcement.

Danger of Secret Arrests

by Francis Bennion

One restriction on press freedom proposed in the Leveson Report involves the reporting of
arrests: ‘To avoid . . . the risk of violating the private rights of individuals . . . it should be
made clear that save in exceptional and clearly identified circumstances (for example, where
there may be an immediate risk to the public), the names or identifying details of those who
are arrested or suspected of a crime should not be released to the press or the public.’
(Executive Summary, para. 95).

Disquietingly, this was adopted by Lord Justice Treacy and Mr Justice Tugendhat in ‘A
Judicial Response to Law Commission Consultation Paper No 209’. This was said to reflect
the views of other senior judges.

Their grounds were: ‘The police arrest many people who are never charged. If there were a
policy that the police should consistently publish the fact that a person has been arrested, in
many cases that information would attract substantial publicity, causing irremediable damage
to the person’s reputation. Even if the fact that the person was not charged were subsequently
published, that would not receive the same publicity, and would not prevent subsequent
internet searches disclosing that the person had been arrested.’

However the principle of open justice requires that arrests be publicised so as to alert the
public. Witnesses previously unknown may then come forward. When it is borne in mind that
a person may now be arrested simply for questioning, and that many arrested persons are
released, there need not be irremediable damage to an innocent person’s reputation.
Secret arrests should not be possible. In many countries they are the notorious instrument of
oppression. (The Times 15 April 2013)