Having a loved one arrested is a confusing time. It’s also an important time to understand how the arrest process works. The news of police brutality, alleged or actual, has left many people confused and sceptical of the criminal justice system. To help, we’ve broken down what really happens when someone is arrested.
An arrest occurs when the police take a person into custody without their consent. To make an arrest, the police must have probable cause to believe that the person committed or is about to commit a crime. Probable cause requires more than a mere suspicion of a crime, it must be based on specific facts that the officer would have known to have occurred in those circumstances.
Once the police have probable cause to arrest you, they must inform you that they are taking you into custody and give you a chance to call a lawyer. They must also tell you that any statement you make can be used against you in court. The police can only keep you in custody for a short period of time. They must review the need to keep you in custody every 6 hours and then every 9 hours after that.
If you are a vulnerable person, the custody sergeant must ask for help from an appropriate adult or health care professional to check your medical condition before you are taken from the station to jail. They must also ensure that you have access to any medication that you might need.