NCJ Number
50323
Date Published
1977
Length
20 pages
Annotation
FACTORS DETERMINING THE LAWFULNESS OF ARREST PROCEDURES IN VARIOUS JURISDICTIONS ARE DISCUSSED.
Abstract
THE MEANING OF ARREST IS BRIEFLY DISCUSSED, AND THE FOLLOWING SUBJECTS BEARING ON THE LAWS SETTING THE PARAMETERS FOR ARREST PROCEDURES ARE CONSIDERED: COMMON LAW RULES CONCERNING ARREST WITH OR WITHOUT WARRANT; LEGISLATIVE MODIFICATIONS TO THE COMMON LAW POWERS OF THE POLICE TO ARREST WITHOUT WARRANT IN THE COMMON LAW STATES, CODE STATES, AND TERRITORIES, ARRESTS AUTHORIZED BY COMMONWEALTH LAW; WHEN TO USE ARREST OR SUMMONS; INFORMING THE ARRESTEE OF THE REASONS FOR HIS ARREST; FORCE WHICH MAY LAWFULLY BE USED IN MAKING A LAWFUL ARREST; OFFENSES ARISING OUT OF RESISTING ARREST; PLACE OF ARREST; ARREST FOR THE PURPOSE OF QUESTIONING THE ARRESTEE; THE DUTY TO TAKE THE ARRESTEE BEFORE A JUSTICE AND THE NATURE OF THE SUBSEQUENT CHARGE; THE POLICE OFFICER'S DUTY TO ARREST; PROBLEMS IN THE PRESENT LAW AND PRACTICE RELATING TO ARREST BY POLICE OFFICERS; AND THE CITIZEN'S RIGHT AND DUTY TO ARREST. IT IS CONCLUDED THAT THE DISTINCTIVE FEATURES OF THE LAW OF ARREST IN THE AUSTRALIAN STATES ARE ITS COMPLEXITY AND BREADTH. IT IS URGED THAT SIMPLIFICATION AND LIMITATION BE THE AIMS OF FUTURE REFORM. (RCB)