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In enforcing a warrant for arrest the police are allowed to use a reasonable degree of force.

The police must tell the person being arrested that he is being arrested and the reasons for his arrest.Most importantly, after the person is arrested, he must be produced before the court that ordered his arrest. It is this court that will order him to be detained.

When the police have been ordered by the court to arrest a person, the law gives the police the authority to use a reasonable degree of force to ensure that the arrest is made. The force used is reasonable when it is necessary only to the extent of subduing the person to be arrested so that he can be brought within custody of the police. There are some instances (such as when the person to be arrested is an escaped convict) that the police are given the power to use deadly force. Force is deadly when it is of such degree that it can likely cause death or grievous bodily harm to the person being arrested.

When a person is placed under arrest, the police are required to inform the person why he is being placed under arrest. They must state that he has been charged with a crime and they have to tell him what crime he was charged with. After the arrest is made the person arrested must be brought before the court that issued the warrant for his arrest.

The arrested person must be brought before the court without delay. The reason for bringing the arrested person before the court is so that the court can be reasonably certain of the identity of the person arrested. Also, when the police have brought the arrested person before the court, the court can order that he be kept in custody and detained. Only a court can order that an arrested person be detained.

If the police unreasonably delays producing the arrested person before the court, the arrested person will be considered to have been unlawfully detained. If the arrested person is considered to have been unlawfully detained, anything he confessed to the police will not be admissible in court as evidence of his guilt.

Criminal lawyers Central Coast, Criminal lawyers Gosford,

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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