Arrest, Detention and Search
Arrest, detention and search are the most heavily regulated powers in policing because they interfere with liberty, privacy and bodily integrity. A sergeant must know the statutory source of each power, the grounds required, the safeguards (caution, notification, access to solicitor, medical needs, recording), and the time limits on detention.
Concepts to master
- Arrest requires a lawful power and reasonable grounds; the arrested person must be told the reason.
- Detention is time-bound and reviewable; records must show times, reviews and reasons.
- Search powers vary by statute: person, vehicle, premises, and the warrants required.
- Section 30-type detention powers and the strict record-keeping they demand.
- The right to silence and the effect of the caution.
Traps
- Extending detention without a recorded review.
- Searching premises without a warrant or a recognised statutory exception.
- Failing to caution or to inform of the right to a solicitor.
Rule of thumb
Use the LAWS framework: Legal power, Authorisation/grounds, Warnings (caution and rights), Safeguards and records. Worked example: before any search of a person, confirm the statutory power, record the grounds, and note the time; a search without a recorded basis invites exclusion and discipline.