Power of arrest

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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 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:

Police Constables

National Crime Agency (formerly SOCA) officer (N.B. can possess powers of immigration, customs and excise and Police constable simultaneously)

Police Community Support Officers (PCSOs)

Members of public ("Other persons" i.e. anyone who is not a constable)

Immigration Officer (formerly UK Border Agency)

HMRC Criminal Investigation Officers

Service Police (RMP/RAFP/RNP)

Prison officers

Church Warden

Court bailiff

Court officer

Court security officer

Sheriff (Sheriffs Act 1887)

Serjeant at Arms of the House of Commons

"Officer or agent"

Epping Forest Keepers (park rangers)

Environment Agency officer

Water bailiff

IPCC investigators

United States[edit]

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. Retrieved 7 May 2018.
  2. ^ "Courts Act 2003". www.legislation.gov.uk. Retrieved 7 May 2018.
  3. ^ https://www.legislation.gov.uk/ukpga/Vict/8-9/16/section/156
  4. ^ "IPCC investigations". Retrieved 7 May 2018.

See also[edit]