Arrest

An arrest is the process of taking someone into custody, typically because they are suspected of or have been seen committing a crime. Once in custody, the person may be questioned or formally charged. This procedure is part of the criminal justice system and can also be carried out following a court-issued arrest warrant.

Police and other officials usually have the authority to make arrests. In some places, private citizens can also make arrests. For instance, in England and Wales, anyone may arrest a person they reasonably suspect is committing, has committed, or is guilty of an indictable offense, provided certain conditions are met. Similar citizen arrest powers exist in France, Italy, Germany, Austria, and Switzerland, but only if someone is caught in the act of a crime and cannot or will not show valid identification.

To prevent misuse of power, many countries require a solid justification for an arrest—such as the probable cause standard in the United States. In most democracies, the time a person can be held in custody before being charged or released is short: typically 24 hours in the United Kingdom, and 24 or 48 hours in the United States and France.

The word "arrest" comes from Anglo-Norman and the French *arrêt*, meaning "to stop or stay," referring to restraining a person. Various slang terms exist 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" appears, while "lifted" or "picked up" are heard elsewhere.

In India, no formal procedure is required for an arrest, which can be made by a citizen, police officer, or magistrate. The arresting officer must inform the person of the offense and whether they are eligible for bail. There is no general rule about handcuffing; case law says the decision depends on circumstances, with officers expected to ensure safety for themselves and the public.

In the United States, a distinction exists between an investigatory stop or detention and an arrest. The key difference 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 individual must appear in court on the given date, and prosecutors decide whether to file charges before that hearing. At the initial court appearance, called an arraignment, the accused is informed of any charges and asked to plead guilty or not guilty.

For serious crimes, the arrested person is photographed and held in pre-trial detention. They may be eligible for bail if release does not endanger the public. If unable to post bail, they appear at arraignment, where a judge may adjust the bail amount. In some states, like California, prosecutors have 48 hours to file formal charges; if none are filed, the accused must be released. If charges are filed, the accused appears at arraignment to plead and have bail set or denied.

In England and Wales, arrests fall into two 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 grounds for it at the time or as soon as practicable; otherwise, the arrest is unlawful. In Northern Ireland, the Police and Criminal Evidence (Northern Ireland) Order 1989 governs arrest, questioning, and charging. Breaching this order can affect the investigation. Arrestees have the right to inform someone of their arrest and to legal representation. In Scotland, a justice of the peace can issue warrants to arrest suspects and witnesses. Arrest without a warrant falls into four subcategories, including under section 24 of the Police and Criminal Evidence Act 1984, which applies only to constables.