Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest · Detention Right to silence · Miranda warning (U.S.) Grand jury
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system
Charges and pleas
Arraignment · Information · Indictment Plea · Peremptory plea Nolo contendere (U. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. An arrest warrant is a warrant issued by and on behalf of the state which authorizes the Arrest and detention of an individual A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct Knock-and-announce, in United States Law of Criminal procedure, is an ancient Common-law principle incorporated into the Fourth Amendment An exigent circumstance, in the American Law of Criminal procedure, allows law enforcement to enter a structure without a warrant, or if they Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts Search and seizure is a legal procedure used in many civil law and Common law legal systems whereby Police or other authorities and their agents who suspect Police officers in various jurisdictions have power to search members of the public, for example for weapons drugs and stolen property Detention of suspects is the process of keeping a person who has been Arrested in a police-cell prison or other detention centre before Trial or Sentencing The right to remain silent is a legal protection given to people undergoing police Interrogation or trial. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before The United States of America —commonly referred to as the In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A statute of limitations is a Statute in a Common law Legal system that sets forth the maximum period of time after certain events that legal proceedings Nolle prosequi is a Latin legal phrase meaning "do not pursue A bill of attainder (also known as an act or writ of Attainder) is an act of Legislature declaring a person or group of persons guilty of Criminal jurisdiction is a term used in Constitutional law and Public law to describe the power of Courts to hear a case brought by a state accusing Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding This article is about the inquisitorial system for organizing court proceedings The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges Information is a formal criminal charge made without a Grand jury Indictment by a Prosecutor in a document called an information. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense For the Pygmy backswimmer Genus, see Plea (insect. In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead la Nolo contendere is a legal term that comes from the Latin for "I will not contend it S. ) · Plea bargain Presentence Investigation
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
Portals
Law · Criminal justice

An arrest (also called nab) is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to The term is Norman in origin and is related to the French word arrêt, meaning "stop". The Normans were the people who gave their names to Normandy, a region in northern France.

Procedure

United States

For serious crimes, the police typically take suspects to a police station or a jail where they will be incarcerated pending a judicial bail determination or an arraignment. In the Parlance of Criminal justice, a suspect is a known person suspected of committing a Crime. Jail, or gaol (especially in Canada, Australia and NZ[http //www Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges In other instances, the police may issue a notice to appear specifying where a suspect is to appear for their arraignment. A summons (also in Britain known as a claim form) is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an

United Kingdom

In English law, whether a person has been arrested does not depend on the legal authority of the person enforcing the arrest, rather it depends upon whether he has been deprived of his liberty to go where he pleases^[1]. Whether an arrest is lawful depends on whether the police officer or civilian exercising the arrest is acting within the scope of his powers.

Upon arrest a person must ordinarily be taken to a police station as soon as is practicable,^[2] but may be released on bail. Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding

Powers of Arrest

United Kingdom

Police officers have the following powers to effect arrests without warrant:

Code G to the Police and Criminal Evidence Act 1984 deals with powers of arrest under section 24. The Police and Criminal Evidence Act 1984 ( PACE) (1984 c 60 is an Act of Parliament which instituted a legislative framework for the powers of police officers in The Criminal Justice and Public Order Act 1994 was an Act of Parliament brought into law by the Parliament of the United Kingdom. The Police and Criminal Evidence Act 1984 ( PACE) (1984 c 60 is an Act of Parliament which instituted a legislative framework for the powers of police officers in The wide power under section 24 of the Police and Criminal Evidence Act 1984 may only be used if it is necessary to:

• ascertain the person's name or address;
• to prevent the person
  • causing physical injury to himself or any other person,
  • suffering physical injury,
  • causing loss of or damage to property,
  • committing an offence against public decency, or
  • causing an unlawful obstruction to the highway;
• to protect a child or other vulnerable person from the person;
• to allow prompt and effective investigation; or
• to prevent the disappearance of the person. ^[3]

Police officers also have powers to arrest under warrant. Civilians have restricted powers of arrest without warrant in relation to very serious offences^[4] and breach of the peace.

Warnings on arrest

United States

The Chicago Police Department arrests a man

See also: Miranda warning

The reading of the Miranda warning or similar "caution" to an arrestee advising him or her of rights is not legally required upon arrest. Chicago (ʃɪˈkɑːgoʊ is the largest City by population in the state of Illinois and the American Midwest of the United States. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before A legal caution is required only when a person has been taken into custody and is interrogated. Legal cautions are mandated in the US, most Commonwealth and other common law jurisdictions, and countries where the right to legal counsel, the right to silence, and the right against self-incrimination have been clearly established. The United States of America —commonly referred to as the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The right to remain silent is a legal protection given to people undergoing police Interrogation or trial.

United Kingdom

See also: Right to silence in England and Wales

In the United Kingdom a person must be told that he is under arrest ^[5], and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest" ^[6]. The Right to silence in England and Wales is the term used to describe the protection given to a person during Criminal proceedings from adverse A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour of the arrestee i. e. violence or drunkenness. The caution required in England and Wales states,

You do not have to say anything, but it may harm your defence if you do not mention when questioned something that you later rely on in court. Anything you do say may be given in evidence. ^[7]

Search on arrest

United Kingdom

Otherwise than in relation to terrorist suspects, a police constable has the following powers where he arrests a person outside a police station^[8]:

Non-criminal arrests

United States

Breach of a court order can be civil contempt of court, and a warrant may issue for the person's arrest. Contempt of court is a court ruling which in the context of a court trial or hearing deems an individual as having been disrespectful of the court its process and its invested Some court orders contain authority for a police officer to make an arrest without further order.

If a legislature lacks a quorum, many jurisdictions allow the members present the power to order a call of the house, which orders the arrest of the members who are not present. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation In Law, a quorum is the minimum number of members of a Deliberative body necessary to conduct the business of that group A call of the house is a motion which can be adopted by a Deliberative assembly that has the authority to compel the attendance of its members in the absence of a A member arrested is brought to the body's chamber to achieve a quorum. The member "arrested" does not face prosecution, but may be required to pay a fine to the legislative body.

Ordinarily only human beings can be arrested, but recent and somewhat controversial changes to criminal codes have allowed for the arrest not only of the usual "contraband, evidence, fruits, and instrumentalities" of crime, but also of inanimate objects such as money, automobiles, houses, and other personal property under asset forfeiture. Human beings, humans or man (Origin 1590–1600 L homō man OL hemō the earthly one (see Humus Asset forfeiture is a term used to describe the confiscation of Assets, by the State, which are either (a the proceeds of Crime or (b the instrumentalities

Following arrest

While an arrest will not necessarily lead to a criminal conviction, it may nonetheless have serious ramifications such as a loss of employment due to inability to pay bail, social stigma and (in some cases) the legal obligation to declare arrests when applying for a job, loan or professional license. In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding These collateral consequences are more severe in the United States than in the UK, where arrests without conviction are not usually considered significant and are not even reported in a standard criminal record check. Collateral consequences of criminal charges, known as the " Four C's " in legal parlance, are the results of Arrest, Prosecution or conviction The United States of America —commonly referred to as the The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located A criminal record is a record of a person's criminal history generally used by potential employers lenders etc Even in the US, innocent people can often have their arrest records removed through an expungement or Finding of Factual Innocence. The United States of America —commonly referred to as the In the Common law legal system, an expungement proceeding is a type of Lawsuit in which the subject of a prior criminal investigation or proceeding Nevertheless, arrests should not be made lightly as a wrongfully arrested person may sue the arresting authority for damages. In Law, filing is the act of submitting a Document to the Clerk of a Court for the court's immediate consideration for storage in the court's

References

See also

• Arrest warrant
• Citizen's arrest
• House arrest
• Arrestable offence (obsolete term in UK law)
• Law enforcement agency#Powers of a Law Enforcement Agency