detention/arrest

English translation: Detention is not arrest.

12:39 Feb 29, 2004

English language (monolingual) [PRO]
Law/Patents - Law (general) / criminal law of Great Britain

English term or phrase: detention/arrest

I'd like to know the difference between these terms in criminal law of Great Britain.

Could you give me the detailed definition of these two terms with reference to the legal documents
and sites there it would be possible to see these documents.

Thank you very much in advance.

Julia

Selected answer:Detention is not arrest.

Explanation:
An arrest is made when there is enough evidence with the law enforcers to press charges against the person concerned in a court of law for crimes or offences punishable by conviction.

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Note added at 2004-02-29 13:51:33 (GMT)
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A person is detained only on suspicion. No evidence has yet been gethered to merit pressing of definite charge.

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Note added at 2004-02-29 13:53:28 (GMT)
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For example, the police detained a person in the Airport matching the description of an absconding criminal to check his antecedents.

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Note added at 2004-02-29 13:59:04 (GMT)
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Detention of the inmates of a premise under search is not arrest.

In respect of detention—which is different from arrest—we are trying to introduce a system that enables the escort to enter the premises and conduct a search there and then, rather than having to go to the police station to do that. The escort must conduct the search themselves if the detention and escort process are to be carried out in a lawful fashion. I hope that that clarifies the situation, and reassures the hon. Member for Sheffield, Hallam (Mr. Allan).

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Note added at 2004-02-29 13:59:29 (GMT)
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http://www.parliament.the-stationery-office.co.uk/pa/cm20010...

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Note added at 2004-02-29 14:06:16 (GMT)
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ARREST (Fr. arrester, arreter, to stop or stay), the restraint of a man\'s person, for the purpose of compelling him to be obedient to the law. It is defined to be the execution of the command of some court of record or officer of justice.
Arrests in England are either in civil or in criminal cases.

I. In Civil Cases.The arrest must be by virtue of a precept or order out of some court, and must be effected by corporal seizing or touching the defendant\'s body, or as directed by the writ, capias et attachias, take and catch hold of. And if the defendant make his escape it is a rescous, or rescue, and attachment may be had against him, and the bailiff may then justify the breaking open of the house in which he is, to carry him away.

http://59.1911encyclopedia.org/A/AR/ARREST.htm

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Note added at 2004-02-29 14:09:09 (GMT)
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It was not until 1909 that the system of preventive detention was put into oporation in the United Kingdom, when, by the Prevention of Crime Act 1908, power was given to the courts to pass on habitual criminals a sentence of preventive detention in addition to one of penal servitude.

http://10.1911encyclopedia.org/R/RE/RECIDIVISM.htm.

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Note added at 2004-03-02 01:58:04 (GMT)
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DETENTION USUALLY PRECEDES ARREST.

Selected response from:

Syeda Tanbira Zaman
Local time: 10:23

Grading comment

Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

SUMMARY OF ALL EXPLANATIONS PROVIDED

5 +3

see answer below

Vicky Papaprodromou

4 +3

Detention is not arrest.

Syeda Tanbira Zaman

Explanation provided below.

Roddy Stegemann

Answers

8 mins confidence:

Explanation provided below.

Explanation:
Detention occurs when one is not released after being arrested.

Roddy Stegemann
United States
Local time: 21:53
Works in field
Native speaker of:

English
PRO pts in category: 8

1 hr confidence:

peer agreement (net): +3

Detention is not arrest.

Syeda Tanbira Zaman
Local time: 10:23
Specializes in field
Native speaker of:

Bengali,

Hindi
PRO pts in category: 4

Grading comment

Graded automatically based on peer agreement.

1 hr confidence:

peer agreement (net): +3

see answer below

Explanation:
DETENTION - The act of retaining a person or property, and preventing the removal of such person or property. Arrest.

The detention may be occasioned by accidents; e.g., the detention of a ship by calms, or by ice; or it may be hostile; e.g., the detention of persons or ships in a foreign country, by order of the government. In general, the detention of a ship does not change the nature of the contract, and sailors will be entitled to their wages during the time of the detention.

A detention is legal when the party has a right to the property, and has come lawfully into possession. It is illegal when the taking was unlawful, as in the case of forcible entry and detainer, although the party may have a right of possession; but, in some cases, the retention may be lawful, although the taking may have been unlawful. When the taking was legal, the detention may be illegal; e.g., if one borrow a horse to ride from A to B and afterwards detain him from the owner after demand, such detention is unlawful, and the owner may either retake his property, or have an actiqn of replevin or detinue. In some cases, the detention becomes criminal although the taking was lawful, as in embezzlement.
http://www.lectlaw.com/def/d212.htm
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ARREST - To stop; to seize; to deprive one of his liberty by virtue of legal authority.

Whether a detention was an investigatory stop or a full-blown arrest is a question of law subject to de novo review. See U.S. v. Diaz-Lizaraza, 981 F.2d 1216, 20-22 (11th Cir.'93). Courts have stated that '[i]n determining 'when' a person is arrested, we ask at what point, 'in view of all the circumstances surrounding the incident, a reasonable person would have believed he [she] was not free to leave.
http://www.lectlaw.com/def/a100.htm

Vicky Papaprodromou
Greece
Local time: 07:53
Native speaker of:

Greek

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