Arrest

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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 individuale. 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.

Examples of standards for arrest

  • 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)
  • 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)