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Arrest Without Warrant
An arrest without warrant or a warrantless arrest is an arrest of an individual without the use of an arrest warrant. England and Wales Section 24 of the Police and Criminal Evidence Act 1984, as of 1 January 2006, provides that a constable may arrest, without a warrant, anyone who is about to commit or is currently committing an offence (or anyone the constable has reasonable grounds to believe to be about to commit or currently committing an offence). The constable is also entitled to arrest anyone guilty of an offence or anyone who he reasonably believes to be guilty of an offence. However, the constable must have reasonable grounds that any of the following reasons make it necessary to arrest the person in question: to enable the real name or address of the person in question to be ascertained, to allow the prompt and effective investigation of the offence or conduct of the person in question, or to prevent the person in question: * causing physical injury to himself/he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hot Pursuit
Hot pursuit (also known as fresh or immediate pursuit) is the urgent and direct pursuit of a criminal suspect by peace officer, law enforcement officers, or by belligerents under international rules of engagement for military forces. Such a situation grants the officers in command powers they otherwise would not have. Common law jurisdictions English law Hot pursuit has long formed a part of English law, English common law. The principle can be traced back to the doctrine of distress damage feasant, which allowed a property owner to detain animals trespassing on his land to ensure that he was compensated for the damage they had caused. In particular, a case in 1293 held that a property owner could also chase after trespassing animals leaving his land and catch them if he could. Later cases extended this idea to allow a property owner to distrain the goods of a tenant behind on his rent outside his property (in ''Kirkman v. Lelly'' in 1314) and peace officers to make arrests outsi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Enforcement In England And Wales
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Criminal Law
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law. The American Model Penal Code defines the purpose of criminal law as: to prevent any conduct that cause or may cause harm to people or society, to enact public order, to define what acts are criminal, to inform the public what acts constitute crimes, and to distinguish a minor from a serious offense. Definitions A crime has three parts: the act (actus reus), the intent, and the concurrence of the two. Generally, crimes can be divided into categories: crime against a person, crime against property, sexual crimes, public morality, crimes against the state, and incho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Individuals With Powers Of Arrest
The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property. However, in many countries, a person also has powers of arrest under citizen's arrest or any person arrest / breach of the peace arrest powers. Individuals with powers of arrest Originally, powers of arrest were confined to sheriffs in England for a local area. Over the past few hundred years, the legal power of arrest has gradually expanded to include a large number of people/officials, the majority of which have come to the fore more recently. These various individuals all may utilise similar or different powers of arrest, but generally adhere to one particular field. The individuals below have been listed in order of when the power of arrest became available to the individual, starting from the earliest. United Kingdom En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Silence In England And Wales
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently thus potentially being subject to criminal proceedings. History In England and Wales, the right of suspects to refuse to answer questions during their actual trial (the "right to silence", or the right to remain silent as it is now known) was well established at common law from the 17th century. The defendant was considered "incompetent" to give evidence and attempts to force defendants to provide answers, such as the efforts of the Star Chamber, were judged unlawful. Being unable to speak at their own trial, the practice of defendants giving an unsworn statement was introduced and was recognised in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Powers Of The Police In England And Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces (most commonly a member of the British Transport Police) can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables (both full-time and volunteer special constables). All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables. There ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exigent Circumstance
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a " knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors have b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest Warrant
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Canada Arrest warrants are issued by a judge or justice of the peace under the Criminal Code. Once the warrant has been issued, section 29 of the code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so. Czech Republic Czech courts may issue an arrest warrant when it is not possible to summon or bring in for questioning a charged person and at the same time there is a reason for detention (i.e. concern that the charged person would either flee, interfere with the proceedings or continue criminal activity, see Remand in the Czech Republic). The arrest warrant includes: * identification of the charged person * brief description of the act for which the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
