Power Of Arrest
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Power 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 E ...
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Citizen's Arrest
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers. Despite the practice's name, in most countries, the arresting person is usually designated as a ''person'' with arrest powers, who need not be a ''citizen'' of the country in which they are acting. For example, in the British jurisdiction of England and Wales, the power comes from section 24A(2) of the Police and Criminal Evidence Act 1984, called "any person arrest". This legislation states "any person" has these powers, and does not state that they need to be a British citizen. Legal and political aspects Anyone who makes a citizen's arrest can find themselves facing possible lawsuits or criminal charges (e.g. charges of false imprisonment, unlawful restraint, kidna ...
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Serious Organised Crime And Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given Royal Assent on 7 April 2005. Measures to introduce a specific offence of "incitement to religious hatred" were included in early drafts of the Act, but then dropped so the bill would pass before the 2005 general election. The offence has since been created by the Racial and Religious Hatred Act 2006. Extent of application The Act applies principally to England and Wales but s.179 permits the extent or designates sections applying only to Scotland and/or Northern Ireland; additionally s.179(9) extends the a ...
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Ecclesiastical Courts Jurisdiction Act 1860
The Ecclesiastical Courts Jurisdiction Act 1860 (23 & 24 Vict c 32) is an Act of the Parliament of the United Kingdom. It is one of the Ecclesiastical Courts Acts 1787 to 1860. The Act is sometimes known as the "ECJA." Section 1 Section 1 provided that it was not lawful for an ecclesiastical court in England or Ireland to entertain or adjudicate on a suit or cause of brawling or defamation against any person not in Holy Orders. Where a person had been committed to gaol under a writ ''de contumace capiendo'', that person was to be discharged. This section was repealed by section 87 of, anSchedule 5to, the Ecclesiastical Jurisdiction Measure 1963. Section 5 This section repealed the Brawling Act 1551. This section was repealed by the Statute Law Revision Act 1875. Section 6 This section provided that nothing contained hereinbefore in this Act was to be taken to repeal or alter the Brawling Act 1553, the Act of Uniformity 1558 or section 18 of the Toleration Act 1688. This se ...
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Church Warden
A churchwarden is a lay official in a parish or congregation of the Anglican Communion or Catholic Church, usually working as a part-time volunteer. In the Anglican tradition, holders of these positions are ''ex officio'' members of the parish board, usually called a vestry, parochial church council, or in the case of a Cathedral parish the chapter. Responsibilities of office Churchwardens have a duty to represent the laity and co-operate with the incumbent (or, in cases of vacancy, the bishop). They are expected to lead the parishioners by setting a good example and encouraging unity and peace. They have a duty to maintain order and peace in the church and churchyard at all times, and especially during services, although this task tends to be devolved to sidesmen.Clements 2018, pp14-16. Churchwardens in many parts of the Anglican Communion are legally responsible for all the property and movable goods belonging to a parish church. If so, they have a duty under ecclesiast ...
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Prison Officer
A prison officer or corrections officer is a uniformed law enforcement official responsible for the custody, supervision, safety, and regulation of prisoners. They are responsible for the care, custody, and control of individuals who have been convicted of a crime and sentenced to imprisonment. They are also responsible for the security of the facility and its property as well as other law enforcement functions. Most prison officers or corrections officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide prison services to the government. Terms for the role Historically, terms such as "jailer" (also spelled "gaoler"), "guard" and "warder" have all been used. The term "prison officer" is now used for the role in the UK and Ireland. It is the official English title in Denmark, Finland, and Sweden. The term "corrections officer" or "correction officer" is used in the U.S. and New Zealand. T ...
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Armed Forces Act 2006
The Armed Forces Act 2006 (c 52) is an Act of the Parliament of the United Kingdom. It came into force on 31 October 2006. It replaces the three separate Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957) as the system of military justice under which the British Armed Forces operate. The Armed Forces Act harmonizes service law between the three armed services. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organizations. The Act also granted a symbolic pardon to soldiers controversially executed for cowardice and other offences during the World War I. Key changes Key areas of change include: * Summary Discipline: Summary hearing and the role of the Commanding Officer is retained at the heart of Service discipline and is the mechanism by which most offences are dealt. Summary offences and powers are ...
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Service Police (RMP/RAFP/RNP)
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear reconnaissance, logistic traffic management, counterinsurgency, and detainee handling. In different countries it may refer to: * A section of military forces assigned to police, or garrison, occupied territories, usually during a war. * A section of military forces assigned to policing Prisoner of war Detentions. * A section of the military responsible for policing the areas of responsibility of the armed forces (referred to as provosts) against all criminal activity by military or civilian personnel * A section of the military responsible for policing in both the armed forces and in the civilian population (most gendarmeries, such as the French Gendarmerie or the Spanish Guardia Civil) * A section of the military solely responsible for ...
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HMRC
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UK Borders Act 2007
The UK Borders Act 2007 is an Act of the Parliament of the United Kingdom about immigration and asylum. Amongst other things, it introduced compulsory biometric residence permits for non-EU immigrants and introduced greater powers for immigration control. It received Royal Assent on 30 October 2007 with sections 17 and 59 to 61 coming into force on that day. The first commencement order made under section 59 of the Act brought sections 1-4, 5-8, 14, 15, 18, 20, 22, 23, 29-31 and 40-43 fully into force on 31 January 2008. The same commencement order brought sections 10, 11, 13, 16 and 26 either partially into force, or into force subject to transitional provisions, on the same day. Repeals relating to the Immigration Act 1971, Immigration and Asylum Act 1999, Commissioners for Revenue and Customs Act 2005, Immigration, Asylum and Nationality Act 2006 and section 130 of the Nationality, Immigration and Asylum Act 2002 were also commenced on 31 January. Among other provisions, the ...
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UK Border Agency
The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, Border Force and Immigration Enforcement in April 2013. It was formed as an executive agency on 1 April 2008 by a merger of the Border and Immigration Agency (BIA), UKvisas and the detection functions of HM Revenue and Customs. The decision to create a single border control organisation was taken following a Cabinet Office report. The agency's head office was 2 Marsham Street, London. Rob Whiteman became Chief Executive in September 2011. Over 23,000 staff worked for the agency, in over 130 countries. It was divided into four main operations, each under the management of a senior director: operations, immigration and settlement, international operations and visas and law enforcement. The agency came under formal criticism from the Parliamentary Ombudsman for consistently poor service, a backlog of hundre ...
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Immigration Officer
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws. United Kingdom In the United Kingdom, immigration officers are present in the Border Force and Immigration Enforcement – both law enforcement commands of the Home Office – and the National Crime Agency. Powers are conferred by the Immigration Act 1971 and who also act in accordance with Immigration Rules. The Immigration Rules are statutory instruments laid down by Parliament under Section 3(2) of the 1971 Act which governs the regulation of entry into the United Kingdom. The Rules are amended by Primary Legislation when required, and provide a framework to ensure that those that come to, or remain in, ...
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Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ...
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