Making an arrest
Arresting the suspect
The Police and Criminal Evidence NI Order (PACE) provides the police with an over arching power of arrest. This means that suspects will be arrested where there are reasonable grounds for the police to believe that the arrest is necessary. The decision to arrest will be taken by the police. Following arrest the suspect will be taken to a police station where they will be detained and questioned about the offence. It is important to remember that the police must have reasonable grounds to believe that the 'arrest is necessary' in the particular circumstances.
At the police station
Once the suspect is at the police station they are entitled if they wish, to have a solicitor present with them during their interview with police. If the suspect is under the age of 17 the police must find an 'appropriate adult' to be present during any interview. The adult will usually be a parent, family member, carer or social worker. Police put questions to the suspect about the offence and record their responses.
Next Steps
What happens next depends on whether there is sufficient evidence to formally charge the person or not:
- If there is not enough evidence against the suspect, the police will not be able to charge them and will have to release them;
- Where a suspect admits committing a minor offence, they may be given a caution;
- Where there is enough evidence to bring the case to prosecution the police will charge the suspect;
- If a suspect is under the age of 17, they may be dealt with by the Youth Diversion Scheme.
When a person is charged with a crime, the law requires that they must appear in court as soon as possible, for the court to decide whether they should be remanded in custody or released on unconditional or conditional bail. This court appearance is usually held in the magistrates' court, where the Resident Magistrate will consider the seriousness of the offence and if there is sufficient evidence to connect the accused to the crime.
Once a suspect has been charged for a criminal offence, they become known as the 'defendant'.
If the defendant is remanded in custody to a prison, they may apply for bail again, but usually only when there has been a change in circumstances since the last bail application. The defendant can also apply for compassionate bail for a short period of release for compassionate reasons such as a family funeral. After this, they cannot make any more applications unless they can persuade the magistrates' court that something about the case, or personal circumstances, has changed.
You may find it helpful to read some of the Questions on the arresting the subject.