What are the procedures for arresting a person?

What are the procedures for arresting a person?

Arrest procedure and Right

• Two type of arrest. arrest made in pursuance of a warrant issued by a magistrate.
• Arrest by police, magistrate s private person. Sub-section 1 Section 41 Crpc 1973 Says:
• Right of an arrest person. fair trail.
• Memo of Arrest. 1.It will be prepared by the police mentioning the name of the person to be arrested.

What do police have to do when arresting someone?

If I’m arrested, do the police have to “read me my rights”?

1. You have the right to remain silent.
2. If you do say anything, what you say can be used against you in a court of law.
3. You have the right to consult with a lawyer and have that lawyer present during any questioning.

What do you do if police ask you questions?

As a general rule, if you have been detained, you must truthfully identify yourself, and beyond that, the only appropriate answer to a police question is: “I want my lawyer.” If you wish to exercise your right to remain silent, state this out loud to the officer and then—remain silent!

Can police swear at you?

There is no specific offence of swearing at a police officer, and in fact it is not a specific crime of swearing in public, only of causing “harassment alarm or distress” under the Act mentioned above. He was then arrested and the Magistrates Court found him Guilty of causing harassment alarm or distress.

Do you have to give details to police?

You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

What happens if you don’t tell the police your name?

If you refuse to provide your name, address, date and place of birth and nationality after you have been told by the police why they have stopped to question you this refusal is an offence you could be arrested and charged for.

What rights does a police officer have?

Law enforcement officers are entitled to a hearing, with notification in advance of the date, access to transcripts, and other relevant documents and evidence generated by the hearing and to representation by counsel or another non-attorney representative at the hearing.

When can a police officer detain someone?

When could the police temporarily detain you for investigation? If the officer believes that you match the description of the suspect of a crime. You are pulled over by an officer for some type of traffic violation. If the officer believes that you are committing a crime.

Do you have to go with police for questioning?

Do I have to answer questions asked by law enforcement officers? No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.

What do police do about harassment?

What Can The Police Do About Harassment? If you feel as if you’re being harassed or stalked, you can report it to the police or apply for an injunction through civil court. It is a criminal offence for someone to harass you or to put you in fear of violence.