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Can Police use force when effecting an arrest?
If the person being arrested resists or tries to run away after becoming aware of the arrest, the Police may use force. When force is used, it must be reasonable.
What is reasonable force?
This is the force used in effecting an arrest that should not exceed what is necessary to stop the person from resisting or running away.
What is the aim of an arrest?
Usually, a person may only be arrested in order to be taken to court on a criminal charge or as a suspect in a criminal investigation. An arrest for any other purpose is unlawful. For example, an arrest with the purpose of frightening or intimidating a person is illegal. An arrest is a serious interference with a person
What is the remedy available to a person arrested unlawfully?
The arrested person may sue the Police officer and/or the government for damages.
Can a citizen or private person arrest a person?
Citizens or private people may arrest people who commit or attempt to commit serious crimes in their presence or whom they reasonably suspect of having committed serious crimes. For example, a private citizen may arrest people fighting, maliciously damaging property, committing public violence or those who try to escape arrest.
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