Arrest is the legal authority that gives police officers the power to deprive people of their freedom. People have a right to a fair hearing to determine whether their arrest was lawful and that the police had probable cause. Arrests are closely scrutinized to ensure that people’s rights are not violated.

An arrest occurs as soon as the suspect becomes no longer free to walk away from the officer. The moment this happens is usually well before the suspect arrives at a jail, and it can happen even when the officer only intends to question the person.

If the police want to keep you in custody, they must inform you of this as soon as possible. They must also explain the reasons why they are keeping you in custody (e.g., to protect a witness or to preserve evidence). They may use force to keep you in custody, but they must be reasonable in doing so. For example, if you are resisting an arrest by holding a knife and are threatening others with it, then they might have to use force.

If you have been arrested, the police will usually take you to a police station, where they will notify your lawyer of the charges against you. Then they will either release you or send you to prison depending on the offence you have been arrested for. Arrests should be restricted to only those cases where no other reasonable, less intrusive way exists of achieving the same law enforcement objectives.