Group+4+Arrest+and+charge,+summons,+warrants

=Group 4: Arrest and charge, summons, warrants=

__1. When can police lawfully arrest a person?__ The police are not allowed to detain a person unless they have a good reason to do so. The conditions under which the police may lawfully arrest a person are contained in the **__law enforcement (powers and responsibilities) Act 2002 (NSW)__** and include: - Catching a suspect committing an offence -Believing on reasonable grounds that a suspect has committed or is about to commit an offence -Where that person has committed a serious indictable offence for which they have not been tried -possessing a warrant for that persons arrest

__2. What are the requirements for a police arrest to be legal?__ In order for the procedure to be legal the police must state to the person that they are under arrest and the reason why they are under arrest.

3__. Can the police use force when arresting someone?__ By law police are able to use whatever reasonable force is necessary in arresting someone. This may even include, shooting the suspect if for example the suspect threatens the police with a weapon. However the police are required to inform the suspect that they have their weapon out and are willing to use it.

__4. What is the legal process for officially charging someone with a criminal offence?__  1. The suspect is taken into custody 2. The police question them (interrogation) this is recorded to insure that the police have undergone the process fairly 3. The suspect does not have to answer any of the police’s questions as there answers can be used as evidence 4. At the end of the maximum time period (4 hours) the suspect is either charged with a specific offence and taken to the magistrate or released unconditionally.

__5. a) Explain the role of the summons and warrant in the arrest and charge proces__s. Summons is a legal document that states when and where a person must appear in court and if they are an accused person the charge to which they must answer. It is a legal document that is delivered personally to the accused by a court appointed person. The kind of matters that summons are used in is summary offences or minor matters, where a person is given a future date to attend court. A warrant is a legal document issued by a magistrate or judge which authorises a police officer to perform a particular act for example make an arrest, conduct a search, seize property or use a phone tap. Arrest warrants are issued to the police authorising them to arrest a person where the court has been convinced that there is evidence that an offence has been committed. It does not mean that the person is guilty but that there is a prima facie case against them. This means that on first examination of the evidence it appears the person has committed an offence. The subsequent trial will test the evidence more thoroughly.

__b) What happens if someone ignores a court summons?__ Failure to attend the appointed court session could result in the summonsed person being arrested and charged.