Description of the legal term Lawful Arrest:
A lawful arrest in Britain is the act of detaining an individual by legal authority in accordance with the procedural and substantive laws of the land. Under British law, an arrest may be executed by a police officer or other authorized person and must conform to the requirements of the Police and Criminal Evidence Act 1984 (PACE) and other relevant legislations.
The concept of lawful arrest serves the purpose of bringing an individual who is suspected of committing an offence, or who is in the midst of committing an offence, before a court or other judicial body for legal adjudication, while simultaneously ensuring that the rights of the individual are safeguarded. To this end, the arresting officer must have reasonable grounds for suspecting that an individual is guilty of an offence. This suspicion must be based on factual information and intelligence rather than merely on a hunch or unfounded belief.
According to Section 24 of PACE, a police officer may arrest anyone who is about to commit an offence, anyone whom the officer reasonably suspects to be about to commit an offence, and anyone who is in the act of committing an offence. Additionally, the officer is entitled to arrest anyone who the officer reasonably suspects to be guilty of an offence. Furthermore, for the arrest to be deemed lawful, the arrested person must be informed of the reason for their arrest at the time of, or as soon as practicable after, the arrest. Failure to do so can lead to the arrest being considered unlawful, and any evidence obtained may become inadmissible in court.
More specifically, the officer conducting the arrest must also believe that it is necessary to arrest the individual for one of several reasons listed within the legislation, which include preventing the person from causing physical injury to themselves or others, suffering physical injury, causing loss of or damage to property, committing an offence against public decency, or causing an unlawful obstruction of the highway.
Additionally, lawful arrests are subject to strict post-arrest procedures, including timely processing and strict adherence to the rights of the arrested individual, such as the right to legal advice and the right to inform someone of the arrest. Without following these procedures, an arrest might again become unlawful.
The power of arrest is balanced by the requirement that the use of such power must be reasonable and proportionate. The Human Rights Act 1998 incorporates the European Convention on Human Rights into British law and requires that all arrests must be in accordance with the principles of necessity and proportionality to ensure the respect for individual liberty and due process.
Legal context in which the term Lawful Arrest may be used:
Take, for example, the case of a police officer witnessing an individual attempting to break into a home. The police officer has not only the right but a duty to arrest the individual to prevent the commission of a burglary. In this circumstance, the officer has a clear sight of the crime being committed, thus establishing reasonable grounds for suspicion that the offence is taking place, and the arrest is immediately necessary to prevent the crime from being completed.
Another scenario involves a situation where the police have intelligence that an individual has been involved in a series of shoplifting incidents. The police observe the suspect entering a store and behaving in a suspicious manner consistent with previous shoplifting methods. A police officer can then lawfully arrest the individual based on reasonable suspicion, rooted in specific intelligence and current behavior, that the person is about to commit the same crime.
In both instances, the necessity and proportionality of the arrest would be key considerations in determining the lawfulness. If the officer exceeded the bounds of what is reasonable or acted in a discriminatory fashion, the legality of the arrest could be rightfully challenged in court.
Understanding lawful arrest is critical in the British legal system as it strikes a delicate balance between the necessity of enforcing the law and protecting the freedom and rights of individuals. It is fundamental to the rule of law as it ensures that power is exercised in a manner that is fair, accountable, and transparent.
