Do the police have too much discretion to arrest those suspected of crimes.

Suspects have rights & the powers provided to the police personnel are restricted to those rights. However, it shall be seen that such rights can become more complex with the implementation of anti terror laws. Under various circumstances the police will have a right to exercise against the potential suspects (Siegel, 2012).It shall be taken into consideration that, striking a fair balance between the powers provided to the police along with the right to suspect would be referred to as a delicate matter. When police is provided with too much power, the rights of the people would suffer. But when the suspects are given too much leeway, the ability to catch hold of the suspects by the police officials would be sterilized as well as keep everyone else safe (Siegel, 2012).

There are various circumstances; where in the police official would require a warrant to arrest a criminal. Depending upon the type of crime committed by the criminal, the police will be able to carry forward with the process to arrest the individuals. It shall be seen that, the police officials might arrest without a warrant. This type of an arrest is known as a “summary arrest”. Summary arrest would be carried out for more serious crimes which attaches with it high levels of penalty such as imprisonment for more than five years, shoplifting, etc (Vito & Maahs, 2011). According to the Police and Criminal Evidence Act (PACE) 1984, under the heading powers to arrest there are various crimes such as rape, murder, etc which might lead to high levels of loss to the individual in the long run. For such type of crimes, the police people have greater detention of powers which they would suspect for less serious crimes taking into consideration the power to detain (Vito & Maahs, 2011).It shall be notified that, the police can only detain suspects without charge for 24 hours. Whereas, holding the suspect without charge can only be done in cases where in sufficient amount of evidences have been found for the same. It shall be seen that, fair reason for the arrest of the suspect would be notified once the suspect is released. Once charges have been filed upon the suspect, he police would be legally obliged to release the same by keeping mind the various bail conditions (Maguire, Morgan & Reiner, 2012). There are various bailout conditions which shall be kept in mind by the police officials i.e. suspect must be arrested for its own protection, police shall carry out a drug test, etc. Based upon the Article 5 of the Human Rights provide potential suspects for protection, conferring “right to liberty as well as providing proper security to the person”. Based upon the act i.e. PACE 1984 provides what the police can do & what all rights are with the suspects (Vito & Maahs, 2011).

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