Arrest - Revision history

IBJadmin at 09:01, 26 September 2012

2012-09-26T09:01:31Z

← Older revision		Revision as of 11:01, 26 September 2012
Line 1:		Line 1:
			{{Languages\|Arrest}}


	== Background ==		== Background ==

Jbraun: /* Kenya */

2010-11-17T12:51:10Z

Kenya

← Older revision		Revision as of 14:51, 17 November 2010
Line 90:		Line 90:

	===Kenya===		===Kenya===

			The right not to have one’s freedom curtailed without a justifiable case is guaranteed by Article 29 (a) of the Constitution, which provides that every person shall have the right to freedom and security and shall not be deprived of freedom arbitrarily and without just cause. Since an arrest amounts to a curtailment of a person’s freedom, a lawful arrest is that which is founded on a justifiable cause.

			An arrest is lawful if it is made pursuant to a valid arrest warrant. For a warrant of arrest to be lawful, it must conform to the standards set forth under the law. In Kenya, the law governing the form, content and manner of execution of a valid warrant are to be found in Section 102 through to Section 109 of the CPC.

			An arrest without a warrant is allowable only on grounds listed in the CPC. Instances when a police officer, a private person or a magistrate may make an arrest are outlined in Section 29. In the exercise of the power to make an arrest, the use of violence by both public and private sources is prohibited, Article 29(c) of the Constitution. Further, the CPC allows the use of only that amount of restraint that is necessary to prevent escape (Section 24). Thus, the validity of an arrest without a warrant may be challenged if the ground for arrest falls outside those expressly listed in the CPC or if the arrest is effected by the application of unjustifiable force

	Criminal Procedure Code, 2009		Criminal Procedure Code, 2009

Ibjadmin: /* Background */

2010-11-09T08:28:17Z

Background

← Older revision		Revision as of 10:28, 9 November 2010
Line 2:		Line 2:

	Every individual has the right to be free from arbitrary arrest and detention. In many countries, probable cause is needed before an arrest can be made. Probable cause exists when an officer, at the time of arrest, reasonably believes the accused has committed or is committing a crime. The standard for reasonable belief is that of a reasonably prudent person under the circumstances, not simply the officer's arbitrary perspective.		Every individual has the right to be free from arbitrary arrest and detention. In many countries, probable cause is needed before an arrest can be made. Probable cause exists when an officer, at the time of arrest, reasonably believes the accused has committed or is committing a crime. The standard for reasonable belief is that of a reasonably prudent person under the circumstances, not simply the officer's arbitrary perspective.

	[[File:spectrumofstops.jpg]]		[[File:spectrumofstops.jpg]]

Ibjadmin: /* Background */

2010-11-09T08:28:08Z

Background

← Older revision		Revision as of 10:28, 9 November 2010
Line 1:		Line 1:
	== Background ==		== Background ==

	Every individual has the right to be free from arbitrary arrest and detention. In many countries, probable cause is needed before an arrest can be made. Probable cause exists when an officer, at the time of arrest, reasonably believes the accused has committed or is committing a crime. The standard for reasonable belief is that of a reasonably prudent person under the circumstances, not simply the officer's arbitrary perspective.		Every individual has the right to be free from arbitrary arrest and detention. In many countries, probable cause is needed before an arrest can be made. Probable cause exists when an officer, at the time of arrest, reasonably believes the accused has committed or is committing a crime. The standard for reasonable belief is that of a reasonably prudent person under the circumstances, not simply the officer's arbitrary perspective.
			[[File:spectrumofstops.jpg]]

	== International Sources ==		== International Sources ==
Line 126:		Line 127:
	Criminal Procedure Act, 1950		Criminal Procedure Act, 1950

	Any police officer may, without an order from a magistrate and without a warrant,		Any police officer may, without an order from a magistrate and without a warrant, arrest�
	*(a) any person whom he or she suspects upon reasonable grounds of having committed a cognisable offence, an offence under any of the provisions of Chapter XVI of the Penal Code Act or any offence for which under any law provision is made for arrest without a warrant;		*(a) any person whom he or she suspects upon reasonable grounds of having committed a cognisable offence, an offence under any of the provisions of Chapter XVI of the Penal Code Act or any offence for which under any law provision is made for arrest without a warrant;
	*(b) any person who commits a breach of the peace in his or her presence;		*(b) any person who commits a breach of the peace in his or her presence;

Ibjadmin: /* Zimbabwe */

2010-06-08T20:24:45Z

Zimbabwe

← Older revision		Revision as of 22:24, 8 June 2010
Line 146:		Line 146:


	---		----
	See [[Rights of the Accused]]		See [[Rights of the Accused]]

Ibjadmin: /* See other Rights of the Accused */

2010-06-08T20:24:34Z

See other Rights of the Accused

← Older revision		Revision as of 22:24, 8 June 2010
Line 146:		Line 146:


	== See ~~other~~ [[Rights of the Accused]] ==		---
			See [[Rights of the Accused]]

Ddemetriou at 15:06, 8 June 2010

2010-06-08T15:06:19Z

← Older revision		Revision as of 17:06, 8 June 2010
Line 146:		Line 146:


	== See other [[Rights of the ~~accused~~]] ==		== See other [[Rights of the Accused]] ==

Ddemetriou at 15:01, 8 June 2010

2010-06-08T15:01:34Z

← Older revision		Revision as of 17:01, 8 June 2010
Line 146:		Line 146:


	== Rights of the accused ==		== See other [[Rights of the accused]] ==

	~~'''Table of Contents'''~~
	~~===Rights/ Protections from Police===~~
	* [[Arrest]]
	* [[Confessions]]
	* [[Pretrial Identification]]
	* [[Right to Counsel]]
	* [[Right to Silence]]
	* [[Search and Seizure]]

	~~===Rights during Detention===~~
	* [[Freedom from Punishment]]
	* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]
	* Right to medical care

	~~===Rights at Trial===~~
	* [[Double Jeopardy]]
	* [[Legality Principle]]
	* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]
	* [[Right to Counsel (Trial)\| Right to Counsel]]
	* [[Right to Fair Trial]]
	* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]
	* Right to Trial by Jury

	~~===Sentencing===~~
	* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]
	* [[Freedom from Cruel or Unusual Punishment]]
	* Freedom from Torture
	* [[Right to Appeal]]
	* Right Not to be Fined Excessively

	~~===Rights in Prison=~~==

Ddemetriou at 12:54, 1 June 2010

2010-06-01T12:54:46Z

← Older revision		Revision as of 14:54, 1 June 2010
Line 149:		Line 149:

	'''Table of Contents'''		'''Table of Contents'''
	== Rights/ Protections from Police ==		===Rights/ Protections from Police===
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
Line 157:		Line 157:
	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
Line 163:		Line 163:
	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
Line 175:		Line 175:
	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
Line 183:		Line 183:
	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:16, 1 June 2010

2010-06-01T11:16:01Z

← Older revision		Revision as of 13:16, 1 June 2010
Line 10:		Line 10:

	1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.		1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

	2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.		2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

	3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.		3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
	4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that ~~that~~ court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
			4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

	5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.		5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.