Arrest

An arrest is when someone is taken into legal custody, usually because they are suspected of or seen committing a crime. Once in custody, the person may be questioned or formally charged. This process is part of the criminal justice system and can also occur after a court has issued an arrest warrant.

Police officers and other officials often have the authority to make arrests. In some places, private citizens can also make an arrest. For example, in England and Wales, anyone can arrest someone they reasonably suspect of committing, having committed, or being guilty of an indictable offense, though certain conditions apply. Similar rules exist in France, Italy, Germany, Austria, and Switzerland if a person is caught in the act of a crime and cannot or will not provide valid identification.

To prevent abuse of power, many countries require that arrests be based on a solid justification, such as probable cause in the United States. In most democracies, the time someone can be held in custody is short—often 24 hours in the United Kingdom, and 24 or 48 hours in the United States and France—before they must be charged or released.

Etymology

The word "arrest" comes from Anglo-Norman and the French word arrêt, meaning "to stop or stay," and refers to restraining a person. Dictionaries define it differently depending on context.

There are many slang terms for being arrested worldwide. In British slang, "nicked" is common, and "nick" can also mean a police station; "pinched" is also used. In the United States and France, "collared" is sometimes heard, along with "lifted" or "picked up."

India

In India, no formal procedure is required for an arrest. A citizen, police officer, or magistrate can make one. The police must tell the person the details of the offense and that they may be entitled to bail if the offense is bailable. There is no general rule that officers must handcuff someone being arrested; case law says the decision depends on the circumstances, and officers should take proper precautions for their own and the public's safety.

United States

In the United States, there is a difference between an investigatory stop or detention and an arrest. The key is whether the stop is brief and cursory and whether a reasonable person would feel free to leave.

For minor crimes like petty theft or disturbing the peace, officers usually issue a citation rather than detain the person. The person must then appear in court on the date given, and the prosecution decides whether to file formal charges before that hearing. At the arraignment, the accused is told if charges have been filed and asked to plead guilty or not guilty.

For serious crimes, the arrested person is photographed and held in pre-trial detention. If the public is not endangered, the defendant may be released on bail.

If they cannot post bail, they appear at arraignment, where a judge may lower the bail amount. In some states, like California, the prosecution has 48 hours to file formal charges; if none are filed, the person must be released. If charges are filed, the accused appears at arraignment, pleads guilty or not guilty, and the judge sets or refuses bail.

United Kingdom

In England and Wales, arrests fall into two main categories: with or without a warrant, with further subcategories. Regardless of the power used, the person must be told they are under arrest and the reason for it at the time or as soon as practical afterward; otherwise, the arrest is unlawful. In Northern Ireland, arrest powers follow the Police and Criminal Evidence (Northern Ireland) Order 1989, which sets standards for arrest, questioning, and charging. Violating this order can affect the investigation.