View source for Arrest

== Background ==

An individual has the right not to be arbitrarily arrested or detained. In many countries, an officer must have probable cause to arrest an individual. Probable cause to arrest exists when, at the time of the arrest, the officer is relying on reasonably trustworthy facts and circumstances sufficient to lead a reasonably prudent person to believe that the acused has committed or is committing a crime.

== International Sources ==

===International Covenant on Civil and Political Rights===

'''Article 9''' -

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

==Regional Instruments==

===African Charter on Human and Peoples' Rights===

'''Article 6''' -

Every individual shall have the right to liberty and to the security of his person. No one shall be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

===American Convention on Human Rights===

'''Article 7 -''' 

1. Every person has the right to personal liberty and security

2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.

===European Convention on Human Rights===

'''Article 5 -'''

Everyone has the right to liberty and security of person.

No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

*(a) the lawful detention of a person after conviction by a competent court;

*(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

*(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority of reasonable suspicion of having committed and offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

*(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

*(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants;

*(f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and the charge against him.

Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this article 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 pending trial. Release may be conditioned by guarantees to appear for trial.

Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

== Examples of standards for arrest ==

===Cambodia===

Judicial Police officers can arrest a person if they suspect his participation/if he will not provide required information/ if written permission has been received from the prosecutor (art 96 CCCP)

===China===

An arrest of a crime suspect or a defendant must be approved by a people's procuratorate or decided by a people's court, and shall be executed by a public security organ. (art. 59 CPL)

No citizens may be arrested except with the approval or by decision of a people's procurator or by decision of a people's court, and arrests must be made by a public security organ (art.37 Constitution)

===India=== 

The police may arrest a person without a warrant except in non-cognizable offences if it is based on a probable cause. This exists if at the time of the arrest the officer is relying on reasonable facts sufficient to lead him to believe that the person committed or is committing a crime. (Indian Criminal Procedure Code Section 41)

===Kenya===

Criminal Procedure Code, 2009

29. A police officer may, without an order from a magistrate and without a warrant, arrest - 
*(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence; 
*(b) any person who commits a breach of the peace in his presence; 
*(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from 
lawful custody; 
*(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing; 
*(e) any person whom he suspects upon reasonable grounds of being a deserter from the armed forces; 
*(f) any person whom he finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony; 
*(g) any person whom he finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself; 
*(h) any person whom he suspects upon reasonable grounds of having been concerned in an act committed at a place out of 
Kenya which, if committed in Kenya, would have been punishable as an offence, and for which he is liable to be extradited under the Extradition (Contiguous and Foreign Countries) Act or the Extradition (Commonwealth Countries) Act; 
*(i) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on that person, any implement of housebreaking; 
*(j) any released convict committing a breach of any provision prescribed by section 344 or of any rule made thereunder; 
*(k) any person for whom he has reasonable cause to believe a warrant of arrest has been issued.

===Rwanda===

When an offence is punishable by at least an imprisonment of two (2) years or if there exist reasonable grounds to suspect that the accused is likely to escape or if his or her identity is unknown or is doubtful, a Judicial Police Officer can, if it is deemed necessary for the purposes of investigation, arrest and detain him or her in an official remand in a custody which is situated at a police station if there are serious reasons to suspect that he or she committed the offence (Rwanda Criminal Procedure Code Article 37)

===Tanzania===

Criminal Procedure Act, 1985

14. A police officer may without a warrant arrest- 

(a) any person who commits a breach of the peace in his presence; 
 
(b) any person who wilfully obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody; 

(c) any person in whose possession any thing is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing; 

(d) any person whom he finds lying or loitering in any highway, yard or garden or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit an offence or who has in his possession without lawful excuse any offensive weapon or house breaking implement; 

(e) any person for whom he has reasonable cause to believe a warrant of arrest has been issued; 

(f) any person whom he suspects upon  reasonable grounds of having been concerned in any act committed at any place out of Tanzania which, if committed in Tanzania, would have been punishable as an offence, and for which he is, under the Fugitive Criminal Surrender  ordinance or the Fugitive Offenders Act, 1881, or otherwise, liable to be apprehended and detained in Tanzania; 

(g) any person who does any act which is calculated to insult the national emblem or the national flag; 

(h) any person whom he suspects of being a loiterer in contravention of the provisions of the Human Resources Deployment Act, 1983.

===Uganda===

Criminal Procedure Act, 1950

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 warrant; 

(b) any person who commits a breach of the peace in his or her 
presence; 

(c) any person who obstructs a police officer while in the execution 
of his or her duty, or who has escaped or attempts to escape from 
lawful custody; 

(d) any person whom he or she suspects upon reasonable grounds of being a deserter from the Uganda Peoples' Defence Forces; 

(e) any person whom he or she finds in any highway, yard or other 
place during the night and whom he or she suspects upon 
reasonable grounds of having committed or being about to 
commit a felony; 

(f) any person whom he or she suspects upon reasonable grounds of 
having been concerned in any act committed at any place out of 
Uganda which, if committed in Uganda, would have been 
punishable as an offence, and for which he or she is, under the 
provisions of any written law, liable to be apprehended and 
detained in Uganda; 

(g) any person having in his or her possession without lawful excuse, 
the burden of proving which excuse shall lie on that person, any 
implement of housebreaking;

(h) any person for whom he or she has reasonable cause to believe a 
warrant of arrest has been issued; 

(i) any person in whose possession anything is found which may
reasonably be suspected to be stolen property or who may 
reasonably be suspected of having committed an offence with 
reference to that thing. 


===Zimbabwe===

No one may be arrested arbitrarily, that is to say there must be a reasonable suspicion that he or she has committed a criminal offence (section 13(2)(e) of the Constitution).     
                                                                    
An officer can arrest any person committing an offense in his presence, any person who a police officer reasonably suspects of having committed an offense, any person whom he finds attempting to commit an offense or clearly manifesting intent to do so (part V, div A, s 25(a-c) CPEA).

Arrested persons must be told promptly why they have been arrested and they must be allowed to contact a legal practitioner of their choice without delay (section 13(3)). Constitution