Criminal Law

Lecture 2

Classifying Criminal Law An arrest is the act of depriving a person of his

or her liberty usually in relation to an investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system.

The term is related to the French word arrêt, meaning "stop".

Who has the power to arrest? Police

Other bodies?

Any person?

Arbitrary Arrest Article 9, Universal Declaration of Human Rights

Article 9, International Covenant on Civil and Political Rights

Article 9, International Covenant on Civil and Political Rights No one shall be subject to arbitrary arrest.

An arrestee must be informed, at the time of his arrest, of the reasons of his arrest.

Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer.

Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court which will decide on the lawfulness of his detention.

Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Constitutional Rights before ArrestMiranda v Arizona 1966.

Miranda rights/Miranda warning: “You have the right to remain silent. Anything

you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

Right to silence Berghuis v. Thompkins – must expressly

invoke the right to silence

Waiver of Miranda rights: Knowing and intelligent Voluntary

Exception of Miranda Warning Public safety?

Terrorism? (imminent danger to the public?/questions about impending attacks?)

Constitutional Rights after Arrest Bail: Court’s discretion to grant bail must not

be exercised arbitrarily

Excessive Bail cannot be imposed

Constitutional Rights after ArrestThe right not to be punished (detention is to ensure the suspect’s

presence at trial)

Question – do the conditions to which you are subjected to amount to punishment?

Constitutional Rights after Arrest Right to Counsel (protection from self-

incrimination)

Stop and Search UK – Police and Criminal Evidence Act

1984: It allows police officers to stop and search

a person or vehicle for stolen or prohibited articles.

The power can only be exercised if the office has "reasonable grounds" for suspicion.

Stop and Search – Reasonable GroundsBehaviour

Facts/info/intelligence

Abstract? Possibility of Abuse?

Terrorism?

Stop and Search Police can search for: Stolen items Offensive weapons Articles for causing damage Adult fireworks Drugs Firearms Smuggled goods Alcohol (at sporting events)

Stop and Search The police can exercise these powers: In a place where the public has access

Not a dwelling

Stop and Search These powers must not be exercised in a

discriminatory manner:

The Equality Act 2010 makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity.