An analysis of arrest and detention

Often an adviser will be defending clients who are vulnerable because of age or mental health issues. In these circumstances it is not always easy to advise, for example, on appropriate strategies to minimise inferences from silence in interview.

At the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount or refuse to set bail for the accused.

how long can you be detained

The definition of 'relevant time' is set out in PACE In every case the police station adviser must act ethically. The police have other statutory powers to arrest without warrant.

For example, in California, if no formal charges are filed within the hour period, the accused must be released from the arresting host's custody.

Difference between arrest and custody

In these circumstances it is not always easy to advise, for example, on appropriate strategies to minimise inferences from silence in interview. Under the new provisions police have the power to arrest without warrant for any offence, subject to the requirement that a police officer must have reasonable grounds for believing that an arrest is necessary for one or more of the reasons set out in PACE PACE Code C defines the lawyer's role as to protect and advance the legal rights of his clients. For example, in California, if no formal charges are filed within the hour period, the accused must be released from the arresting host's custody. This was because prior to this decision it had always been assumed that the time a person spent on police bail did not count for the purposes of calculating the 96 hour maximum period of detention without charge. If the court grants the application, the warrant can be issued up to a maximum of 36 hours. In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station , and the term "pinched" is also common. The decision sent shock waves throughout police forces up and down the country. The effect of the amendments is that time spent on police bail will not count towards the time a person spends in police detention.

If formal charges are filed, the accused will be asked to appear at their arraignment. Breach of this order may affect the investigation.

An analysis of arrest and detention

At the police station a custody officer will determine whether there is sufficient evidence to charge the suspect with the offence. The courts have held that it is an ordinary English word and whether or not a person has been arrested depends not on the legality of the arrest but on whether he has been deprived of his liberty of movement.

In a recent controversial decision by the Court of Appeal R v Iqbal [] EWCA Crim it was held that a man who had been handcuffed by the police in connection with a criminal offence was not under arrest because he had not been told that he was under arrest and the officer had not considered that he was making an arrest.

The person must then appear in court on the date provided on the citation.

Detained by police

Therefore, the position has been restored to the footing that it was commonly thought to be on prior to the Hookway decision. This order legislates operational standards during arrest, questioning and charging a person suspected of committing a crime. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment. If the accused cannot post a monetary bail, they will appear at their arraignment where the judge will determine if the bail set by the schedule should be lowered. The historical distinction between arrestable and non-arrestable offences was abolished. A client will always need to be carefully advised on the range of options available to him. The person must then appear in court on the date provided on the citation. For example, the detainee is allowed to inform someone of his whereabouts, he is allowed to ask for a solicitor, he is also allowed free medical help if he is injured or feeling ill. Of those persons arrested, In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station , and the term "pinched" is also common. The lawyer's role at the police station A police station adviser can have a profound impact on the course of a criminal trial. See Practice Note: European arrest warrant.
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Arrest and detention