What is Arrest in Criminal and Civil Law
In both common-law and civil-law jurisdictions, certain prerequisites must be met before there can be any interference with individual liberty. An arrest warrant may be issued by a court or judicial officer on a showing of probable cause that a criminal offense has been committed and that the person charged in the warrant is probably guilty. An arrest warrant may validly be served only by the person or class of persons to whom the warrant is addressed.
WHAT IS ARREST IN GENERAL
Arrest, placing of a person in custody or under restraint, usually for the purpose of compelling obedience to the law. If the arrest occurs in the course of criminal procedure, the purpose of the restraint is to hold the person for answer to a criminal charge or to prevent him from committing an offense. In civil proceedings, the purpose is to hold the person to a demand made against him.
Arresting someone means restricting their freedom in order to enforce court orders. Additionally, it may be done to prevent a criminal from being committed or to guarantee that a suspect will show up for their court appearance. In most cases, an officer will conduct an arrest; but, in some instances, someone other than a police officer may arrest an individual. Who can make an arrest and how it should be done are outlined in the Criminal Procedure,1965, Act No. 32 of 1965.
An individual can be arrested in addition to by police personnel, by a prosecutor, and by a private individual.
The Police/Constable take away a person's fundamental right to freedom when they arrest someone. So, police must follow several procedures before they can make a legal arrest. Criminal law is limited by Constitutional rights interpreted by the Supreme Court.
These limits are enshrined in The Constitution of Sierra Leone, 1991, Act No.6 of 1991 to protect our Fundamental Human Rights.
When an Officer May Make an Arrest
a. An officer may only make an arrest in a very limited number of circumstances, including:
b. The officer personally observed a crime such as a domestic violence misdemeanor
c. The officer has probable cause (reasonable grounds) to believe the person arrested committed a crime.
d. The officer has an arrest warrant issued by a judge.
Note: An officer cannot arrest someone just because they feel like it. It's not sufficient that they have a hunch or mere suspicion that someone might be a criminal. Police officers have to be able to justify detaining the arrested person. This is usually achieved by showing that some tangible evidence gave them probable cause.
WHAT IS PRIVATE OR CIVIL ARREST
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
What is Section 11 of the Criminal Procedure Act 1965?
11. Private person may arrest without warrant.
Arrest by A Private Person for Arrestable & Non-Bailable Offences
In limited situations, the law allows private individuals who are not police officers to arrest a person who has committed an offence if certain conditions prescribed by law are satisfied. This is known as an ‘arrest by a private person’, or sometimes referred to as a ‘citizen’s arrest’. A common form of ‘citizen’s arrest’ is where a private individual is permitted by law under certain circumstances to arrest a person who commits an arrestable and non-bailable offence.
Section (11) of the Criminal Procedure Act, 1965, Act No. 32 of 1965 (CPA) provides that a private individual may arrest a person who commits an arrestable and non-bailable offence.
Section (11) of the CPA stipulates some conditions that must be satisfied before a private individual is permitted by law to arrest a person who commits an arrestable and non-bailable offence:
The offence must have been committed in the view or presence of the private individual making the arrest.
The offence which has been committed must be an arrestable and non-bailable offence.
Arrestable and non-bailable offences refer to serious offences where police officers are legally empowered to make an arrest without a warrant, and for which the court will not usually grant bail (except on a case-by-case basis). Examples of such offences include: robbery, theft, voluntarily causing grievous hurt by dangerous weapons or means, kidnapping, or rape.
Note: There is also the execution of Warrant of Arrest and Criminal Summons as provided in section (16) of the Criminal Procedure Act, 1965, Act No. 32 of 1965 ( Sierra Leone) and the Judges' Rules and Administrative Directions to the Police Government Circular No.45 of 1964 which is used to assist the police in investigation and obtaining statements from suspects and its is applicable in Sierra Leone.
Recommendation for reading and doing research as a law Student:
Read Section 15, 17, 23 ( 4) (5) of The Constitution of Sierra Leone, 1991, Act No.6 of 1991.
Also read section 4, 5, 6, 8, 11, 12, 13, 14, 15 and 16 of The Criminal Procedure Act, 1965, Act No. 32 of 1965 (Sierra Leone)
Stahr, Elvis J. Jr., "Book Review. Criminal Procedure from Arrest to Appeal by Lester Bernhardt-Orfield"
(1948). Articles by Maurer Faculty. 2293.
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