Can You Be Charged Without Being Arrested?
The police always have powers to arrest or detain a person in order to keep the peace of a place or a situation, to prevent crime, and to protect the citizen who may be getting disturbed or harassed.
Can the Police Arrest Someone without a Warrant?
The police can arrest people without an arrest warrant and can charge them with a crime. The instances where such an act is warranted include:
- The police have reasonable suspicions that the individual in question has committed a crime which requires them to be arrested.
- There are suspicions that the individual is doing something that involves either involve violence or is something which will escalate into a situation of violence.
- There is evidence or a witness statement to prove that the individual has committed or will commit a crime which involves an offense which will require a minimum of 5 years in jail, the breach of a police order, or a serious action which can be categorized as domestic violence.
In addition, an individual can also be arrested if they have committed an offense, and there is reasonable doubt over the fact that if they are not arrested-
- The person may repeat the offense.
- The person may commit another offense.
- The person is taking steps which may harm themselves or another person.
- The person will interfere with the investigation or tamper with the evidence.
- There is no other way to find out who the person is, other than arresting them.
Being Charged with a Crime
When the police charge an individual with a crime, they are being formally being charged of committing an offense by the state. Thus, the police can charge a person with a crime, but they do not have to be formally arrested because of it. However, if the police do arrest a person, they can be released after being charged by the police. In addition to this, if the individual is simply charged and not arrested, or if they are arrested, charged, and then released, the police will give the individual an "appearance notice," or a promissory note stating that the individual has to appear. The forms stating a promise to appear to include the following information:
- When are where the individual is appearing in court.
- Whether the person will be required to report back to the police station to be photographed and have their fingerprints taken.
Reasons Why an Individual Can Be Detained in Jail
There are several reasons why an individual can be detained after being charged for an offense. These reasons include the following:
- In order to find out who the person is.
- In order to prevent the person from carrying on with the crime that they have caught committing.
- In order to stop the person from destroying and withholding important evidence relating to the case.
- In order to ensure that the individual will appear in court if the person has a history of failing to show up in the required dates.
- In the case of a hostile or violent criminal, the individual is kept in jail to keep the victim or the witnesses connected to the case safe.
Being Detained on Charges
If an individual is being detained on the basis of charges that the police have arrested them in, then the police are required, by law, to bring the accused in front of a judge of a justice of the peace as soon as possible, or under 24 hours. Once the individual is present in front of a representative of the law, only then can it be decided whether they should be released or should go for further processing.