An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop".
The word "Arrest" is derived from the French word 'Arreter' 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 word is used.
The word 'arrest' when used in its ordinary and natural sense, means the apprehension or restraint or the deprivation of ones personal liberty. The question whether the person is under arrest or not,depends not on the legality of the arrest, but on whether he has been deprived of his personal liberty to go where he pleases. When used in the legal sense in the procedure connected with criminal offenses, an arrest consists in the taking into custody of another person under authority empowered by law, for the purpose of holding or detaining him to answer a criminal charge or of preventing the commission of a criminal offense. The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested. (Para 46 of Directorate of Enforcement v. Deepak Mahajan (1994)3 SCC 440)
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For serious crimes, the police typically handcuff the suspect and bring him/her to a police station or a jail where he/she will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear, specifying where and when a suspect is to appear for his arraignment.
In English law, whether a person has been arrested does not depend on the legal authority of the person enforcing the arrest, rather it depends upon whether he has been deprived of his liberty to go where he pleases.[1] Whether an arrest is lawful depends on whether the police officer or civilian exercising the arrest is acting within the scope of her or his powers.
Upon arrest a person must ordinarily be taken to a police station as soon as is practicable,[2] but may be released on bail.
The reading of the Miranda warning or similar "caution" to an arrestee advising him or her of rights is not legally required upon arrest. A legal caution is required only when a person has been taken into custody and is interrogated. Legal cautions are mandated in the US, most Commonwealth and other common law jurisdictions, and countries where the right to legal counsel, the right to silence, and the right against self-incrimination have been clearly established.
In the United Kingdom a person must be told that he is under arrest,[3] and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest".[4] A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution required in England and Wales states,
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence.[5]
Deviation from this accepted form is permitted provided that the same information is conveyed.
Breach of a court order can be civil contempt of court, and a warrant may issue for the person's arrest. Some court orders contain authority for a police officer to make an arrest without further order.
If a legislature lacks a quorum, many jurisdictions allow the members present the power to order a call of the house, which orders the arrest of the members who are not present. A member arrested is brought to the body's chamber to achieve a quorum. The member "arrested" does not face prosecution, but may be required to pay a fine to the legislative body.
Ordinarily only human beings can be arrested, but recent and somewhat controversial changes to criminal codes have allowed for the arrest not only of the usual "contraband, evidence, fruits, and instrumentalities" of crime, but also of inanimate objects such as money, automobiles, houses, and other personal property under asset forfeiture.
While an arrest will not necessarily lead to a criminal conviction, it may nonetheless have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose an incidence of arrest when the person applies for a job, a loan or a professional license. These collateral consequences are more severe in the United States than in the UK, where arrests without conviction are not usually considered significant and are not even recorded in a standard criminal record check. In the US, a person who was not found guilty after an arrest can remove his arrest record through an expungement or Finding of Factual Innocence. A legal action is sometimes filed against the government for wrongful arrest.
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