Define: Arrest Procedure

Arrest procedure outlines the steps law enforcement officers must follow when detaining an individual suspected of committing a crime. Typically, the process begins with the officer having reasonable suspicion or probable cause to believe that a person has committed or is about to commit a crime. The officer then informs the individual of the reason for the arrest and their rights, commonly known as Miranda rights, including the right to remain silent and the right to an attorney. The individual is then placed under physical restraint, usually handcuffed, and transported to a police station or detention facility for booking. During booking, the individual’s personal information is recorded, fingerprints and photographs may be taken, and they may be searched for weapons or contraband. Depending on the severity of the offence and other factors, the individual may be released on bail or held in custody pending further legal proceedings. Throughout the arrest procedure, law enforcement officers are required to adhere to constitutional rights and procedural safeguards to ensure fair treatment and protect against wrongful detention or abuse of power.

The Police and criminal evidence act 1984 sets out the following principles for an arrest to be lawful. Note that an arrest is unlawful, regardless of the procedure followed, if there is no Power of arrest for the offence in question.

• s.28 of PACE requires that the arrestee would be told in unequivocal terms (i) that he is under arrest, and (ii) why he is under arrest. If the arrestee was not told of his arrest at the time it was made (e.g., he was locked in a car by an automatic mechanism) he should be told as soon as practicable and given the reasons. A person should not be allowed to infer incorrectly that he has been arrested when he has not.
• Reasonable force, and detention, may be used. These may include forcible restraint or being locked inside a room. If a person is old or frail, then such tactics will generally be regarded as unreasonable; similarly, an arrest of a person who is already in a police station should not require forcible restraint.
• The PACE Detention Code indicates that a person arrested should be cautioned as soon as possible that anything has said may be used as evidence.
• PACE s.30 requires that an arrested suspect should be taken to a police station as soon as practical, rather than being questioned on the spot. However, it allows that such action can be delayed if it would prejudice an investigation or the recovery of stolen goods.
• s.30 also indicates that the police station used should be one designated for the detention of arrested suspects; again, however, it allows this requirement to be relaxed where there is no such station available.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.