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Power of arrest

January 01, 1970

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 edit

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 edit

England & Wales edit

The following individuals all have various powers of arrest or detention within England & Wales in various capacities using the following legislation/law:

  • N.B. s24A is only for criminal offences not limited to summary trial alone

United States edit

Main article: Law enforcement in the United States § Types of police

In the United States, various law enforcement officers are able to legally arrest people. Due to the complexity of the American civil legal system, including the interactions between federal, state, county, and local jurisdictions, there are numerous special cases that apply, depending on the reason for the arrest.

References edit

  1. ^ "Ecclesiastical Courts Jurisdiction Act 1860". www.legislation.gov.uk. from the original on 8 May 2018. Retrieved 7 May 2018.
  2. ^ "Courts Act 2003". www.legislation.gov.uk. from the original on 8 May 2018. Retrieved 7 May 2018.
  3. ^ "Companies Clauses Consolidation Act 1845". www.legislation.gov.uk. from the original on 2023-09-06. Retrieved 2024-04-02.
  4. ^ "The Insolvency Rules 1986". www.legislation.gov.uk. from the original on 2022-05-13. Retrieved 2024-04-02.
  5. ^ "IPCC investigations". from the original on 12 May 2013. Retrieved 7 May 2018.

See also edit

January 01, 1970
power, arrest, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, article, relies, largely, entirely, single, source, relevant, discussion, found, talk, page, please. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources Power of arrest news newspapers books scholar JSTOR February 2013 The examples and perspective in this article deal primarily with the United Kingdom and the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate April 2024 Learn how and when to remove this message Learn how and when to remove this message 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 Contents 1 Individuals with powers of arrest 1 1 United Kingdom 1 1 1 England amp Wales 1 2 United States 2 References 3 See alsoIndividuals with powers of arrest editOriginally 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 edit England amp Wales edit The following individuals all have various powers of arrest or detention within England amp Wales in various capacities using the following legislation law Members of public Other persons i e anyone who is not a constable Common law to prevent a Breach of the Peace s24A Police and Criminal Evidence Act 1984 N B s24A is only for criminal offences not limited to summary trial alone Police Constables Common law to prevent a Breach of the Peace Section 49 of the Prison Act 1952 Section 32 Children amp Young Persons Act 1969 Immigration Act 1971 Section 7 of the Bail Act 1976 Section 1 amp Section 13 of the Magistrates Courts Act 1980 warrants Section 136 of the Mental Health Act 1983 Section 24 Police Criminal Evidence Act 1984 Section 46A Police Criminal Evidence Act 1984 Section 31 Police Criminal Evidence Act 1984 Section 6D of the Road Traffic Act 1988 Section 41 of the Terrorism Act 2000 Section 9 of the Anti social Behaviour Crime and Policing Act 2014 Section 27 of the National Security Act 2003 National Crime Agency formerly SOCA officer s46 Serious Organised Crime and Police Act 2005 N B NCA agents possess powers of immigration customs and excise and Police constable simultaneously Police Community Support Officers PCSOs Common law to prevent a Breach of the Peace s24A Police Criminal Evidence Act 1984 Power to detain under Police Reform Act 2002 Immigration Officer formerly UK Border Agency s28a Immigration Act 1971 schedule 2 paragraph 17 1 Immigration Act 1971 s23 UK Borders Act 2007 HMRC Criminal Investigation Officers Service Police RMP RAFP RNP s67 69 Armed Forces Act 2006 HMP Prison officers Civilian enforcement officers s125A Magistrates Courts Act 1980 Schedule 4A Magistrates Courts Act 1980 N B These powers functions can be outsourced to a 3rd party firm as per Schedule 4A Church Warden s3 Ecclesiastical Courts Jurisdiction Act 1860 1 Court bailiff Court officer Court security officer s53 Courts Act 2003 power to restrain and remove 2 Sheriff Sheriffs Act 1887 Serjeant at Arms of the House of Commons Officer or agent s156 Companies Clauses Consolidation Act 1845 3 Part 4 Chapter 19 Rule 4 2111 Insolvency Rules 1986 4 Epping Forest Keepers park rangers Environment Agency officer Water bailiff IPCC investigators Police Reform Act 2002 5 United States edit Main article Law enforcement in the United States Types of police In the United States various law enforcement officers are able to legally arrest people Due to the complexity of the American civil legal system including the interactions between federal state county and local jurisdictions there are numerous special cases that apply depending on the reason for the arrest References edit Ecclesiastical Courts Jurisdiction Act 1860 www legislation gov uk Archived from the original on 8 May 2018 Retrieved 7 May 2018 Courts Act 2003 www legislation gov uk Archived from the original on 8 May 2018 Retrieved 7 May 2018 Companies Clauses Consolidation Act 1845 www legislation gov uk Archived from the original on 2023 09 06 Retrieved 2024 04 02 The Insolvency Rules 1986 www legislation gov uk Archived from the original on 2022 05 13 Retrieved 2024 04 02 IPCC investigations Archived from the original on 12 May 2013 Retrieved 7 May 2018 See also editCitizen s arrest Breach of the peace Powers of the police in England and Wales Powers of the police in Scotland Retrieved from https en wikipedia org w index php title Power of arrest amp oldid 1216949780, wikipedia, wiki, book, books, library,

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