Police custody

An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime. After the person is taken into custody, they can be questioned further and/or charged. An arrest is a procedure in a criminal justice system.You are under arrest on suspicion of (offence). You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'You are not obliged to say anything unless you wish to do so but whatever you say will be put into writing and may be given in evidence.' An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime. After the person is taken into custody, they can be questioned further and/or charged. An arrest is a procedure in a criminal justice system. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest 'anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence,' although certain conditions must be met before taking such action.Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an arrest must be made for a thoroughly justified reason, such as the requirement of probable cause in the United States. Furthermore, the time that a person can be detained in custody is relatively short (in most cases 24 hours in the United Kingdom and France and 24 or 48 hours in the United States) before the detained person must be either charged or released. The word 'arrest' is Anglo-Norman in origin, derived from the French word arrêt meaning 'to stop or stay' and signifies a restraint of a person. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which the word is used. There are numerous slang terms for being arrested throughout the world. In British slang terminology, the term 'nicked' is often synonymous with being arrested, and 'nick' can also refer to a police station, and the term 'pinched' is also common. In the United States and France the term 'collared' is sometimes used. The terms 'lifted' or 'picked up' are also heard on occasion. According to Indian law, no formality is needed during the procedure of arrest. The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria for being bailable. There is no general rule of eligibility or requirement that a police officer must handcuff a person who is being arrested. When there is a question regarding handcuffing a person then at that time case laws has stated that the choice to handcuff a person is dependent on the surrounding circumstances, and that officers should always take the proper precautions to ensure the safety of themselves, and the public. In the United States, there exists a distinction between an investigatory stop or detention, and an arrest. The distinction tends to be whether or not the stop is 'brief and cursory' in nature, and whether or not a reasonable individual would feel free to leave. When there exists probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not otherwise detain them. The person must then appear in court on the date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment. When a person is arrested for a serious crime, the defendant will have their picture taken and be held in pre-trial prison. Under certain circumstances (that is where the public won't be endangered by one's release from custody), the defendant may be entitled to release on bail. If the accused cannot post a monetary bail, they will appear at their arraignment where the judge will determine if the bail set by the schedule should be lowered. Also, in certain states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no formal charges are filed within the 48-hour period, the accused must be released from the arresting host's custody. If formal charges are filed, the accused will be asked to appear at their arraignment. At the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount (or refuse to set bail) for the accused.