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Making a Lawful Arrest

There are three things the police must do to make an arrest lawful:

  • The police must tell you that you are under arrest – Sometimes the police ask you to go with them to the police station without saying that they are arresting you. If you go with them voluntarily, then they do not have to arrest you. It is your right not to go with them unless they arrest you.
  • The police must have physical control over you when they arrest you – This means the police must make sure you can’t get away. If you do not try to run away, the police do not have to use force to control you. But if you do try to run away, the police can use reasonable force to keep control of you, in other words, only as much force as is necessary.
  • The police officer must tell you why you are under arrest – This means the police must tell you what offence they think you have committed.
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