Arrest and Charge, Summons and Warrants Flashcards
What are conditions of arrest
Governed by LEPAR (2002), where police have no right to detain a person unless the arrest is lawful. IT is considered lawful only when:
- they believe on reasonable grounds that the suspect has committed or is about to commit an offence
- they witness the suspect committing an offence
- a warrant is possessed for the suspects’ arrests
- police act on ‘reasonable suspicion’, which is a subjective judgement and use of discretion
Why must arrests be legal
Because or else any evidence used while being questioned can be inadmissible in court
What are conditions for a legal arrest
- at the time of arrest, the person must know why they are being arrested, and that they cannot resist
- police must issue a caution that the person will be asked question they may refuse to answer and that their answers will be recorded, which has to be understood by the arrested individual
How does a charge occur
after max detention period, the suspect must be released unconditionally, or charged with an offence
- extensions can be applied for
What is a summon
A legal document summoning a suspect to court on a specific date. These might replace arrests in the case of minor matters or summary offences. They contain:
- the details of the charge
- outlines when and where the charge will be heard
- outlines consequences of failing to attend
What is an arrest warrant
Arrest warrants authorise police to arrest a person.
- in order to obtain one, prima facie must already be determined against the person being arrested
