The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(301) POLICE POWERS OF ARREST, SEARCH, QUESTION, DETENTION AND BALL

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A police officer has the power to arrest without warrant any person whom he reasonably suspects may be guilty of any offence. In addition he may stop and search and if necessary, arrest any person he may find in a public place at any hour of the day who is acting in a suspicious manner or whom the police office suspects may have committed or may be about to commit any offence.

As a general rule, an arrested person's body and clothing can be searched without a warrant, but his house or business premises can only be searched with a warrant issued by a Magistrate when the police have a good reason to suspect that inside the premises there are items which could show that the person under suspicion has committed a criminal offence. However, if there is an emergency, for example, there is a danger that an arrested person may escape, or where it is feared that there are persons inside the premises, who are in danger, or detained against their will, the Police may carry out a search without a warrant. If that person resists or tries to run away the police officer may use all reasonable means to effect the search or arrest.

Upon arrest, the police must immediately tell the arrested person what offence he is suspected of and "caution" him, that is to say, warn him that he need not say anything but if he does, it will be recorded and used as evidence against him in the future.

The person arrested will be taken to a police station immediately. If he is not under arrest but merely invited to make a statement, he is not obliged to go to the police station and is free to go. But generally most people will assist the police. At the police station, enquiries will be made of the person arrested. However, the arrested person is entitled to remain silent or to see a lawyer. Therefore, before he says anything which may incriminate himself, the police must caution him again. If it is not a serious case, he will be released on bail with or without a cash surety, either to appear before a Magistrate or to return to the police station on a given day for further enquiries.

If the case is a serious one, the arrested person is kept in police custody but the police must bring him before a Magistrate within a reasonable period of time and justify to the Magistrate their reasons for wanting him kept in custody. In general, the police may hold a person for 48 hours. If the arrested person is not brought before a Magistrate, the police must release him.

If there are no more enquiries and no further action is taken the police must notify the arrested person in writing that the enquiries have ended and they must return to him any bail paid by him.

Date of amendment: 1st October 1992