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Criminal Defence Articles

What does Further Arrest mean in the UK?    

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The criminal justice system in the United Kingdom is responsible for investigating, prosecuting, and punishing individuals who are accused of committing crimes. When a person is suspected of committing a crime, they may be arrested and detained by the police. This initial arrest is the first step in the process of determining whether the individual will be charged with a crime and, if so, how they will be punished. However, in some cases, a person may be arrested again at a later date, even if they have already been released from custody. This is known as a ‘further arrest.’ But what does further arrest mean in the UK, and what are the implications for the individual being arrested? In this article, we will outline the meaning and significance of further arrest in the UK to give you a clearer picture of what might happen if you are subject to further arrest yourself.

What is the definition of further arrest?

In the UK criminal justice system, a further arrest refers to the arrest of a person who has previously been arrested and released, either on bail, under investigation, or without charge. It is permitted under Section 65 of the Police and Crime Act 2017. Further arrest can occur for a variety of reasons, such as the individual being suspected of involvement in additional crimes, failing to comply with the conditions of their bail, or new evidence or information coming to light.

A further arrest is distinct from an initial arrest. An initial arrest is the first time that a person is taken into custody by the police in connection with a particular crime. A further arrest, on the other hand, occurs when a person who has already been arrested and released is taken into custody again in relation to the same crime or a different crime.

In some cases, a further arrest may be made without an arrest warrant. This can happen if the person being arrested is caught in the act of committing a crime, or if the police have reasonable grounds to suspect that the person has committed a crime. In other cases, a further arrest may be made with an arrest warrant, which is issued by a court and authorises the police to take the individual into custody.

What is a warrant of further detention?

A warrant of further detention is a document issued by a court that allows the police to detain an individual for a specified time, beyond the initial period of detention that is allowed after an arrest. In the UK, a warrant of further detention may be issued if the police need additional time to investigate a suspect and gather evidence in a case.

A warrant of further detention may be issued if the police believe that the individual poses a risk of harm to the public, if they believe that the individual is likely to abscond, or if they believe that the individual may interfere with the investigation. A warrant of further detention may be granted for up to 36 hours, although this can be extended in certain circumstances.

Importantly, a warrant of further detention is not the same as a charge. An individual who is detained under a warrant of further detention has not been formally charged with a crime, and they are not considered guilty until a court of law has formally established their guilt. Rather, the detention allows the police to further investigate the individual and gather evidence to determine whether the alleged offender should be charged with a crime.

Is a warrant of detention different from a further arrest?

A warrant of further detention is different from a further arrest in numerous ways. The two main ones are:

  • Purpose: A warrant of further detention is issued by a court to allow the police to detain an individual for a specified period of time to further investigate a suspect and gather evidence. A further arrest, on the other hand, is made when an individual who has already been arrested and released is taken into custody again, either in connection with the same crime or a different crime.
  • Duration: A warrant of further detention allows the police to detain an individual for up to 36 hours, although this can be extended in certain circumstances. A further arrest, on the other hand, may result in the individual being held in custody for a longer period, depending on the circumstances of the arrest and the individual’s previous criminal history.

What are the reasons for a further arrest?

There are several reasons why a person may be subjected to further arrest. Some common reasons include:

  • Suspicion of involvement in additional crimes: If the police suspect that an individual who has already been arrested and released is involved in additional crimes, they may arrest them again. This can occur if new evidence comes to light or if the individual’s behaviour or circumstances raise suspicion of their involvement in additional criminal activity.
  • Failure to comply with bail conditions: If a person has been released on bail, they may be required to adhere to certain conditions, such as reporting to a police station at specified times or not leaving the country. If the individual fails to comply with these conditions, they may be subject to further arrest.
  • New evidence or information coming to light: In some cases, new evidence or information may come to light after an individual has been arrested and released. This could include eyewitness testimony, forensic evidence, or other information that was not available at the time of the initial arrest. If this new evidence or information suggests that the individual may have been involved in a crime, they may be subject to further arrest.

Crucially, remember that a further arrest is not necessarily a sign that the individual will be charged with additional crimes. The purpose of the arrest is to allow the police to further investigate the individual and gather more information about their involvement in any potential crimes. It is not an indication of guilt.

What happens during a further arrest?

The process of further arrest follows a similar pattern to the process of the initial arrest. Here’s an overview of what to expect:

  • Arrest warrant: In some cases, a further arrest may be made with an arrest warrant, which is issued by a court and authorises the police to take the individual into custody.
  • Arrest by police officers: If the police have an arrest warrant, they may execute it by arresting the individual at their home, place of work, or any other location where they may be found. If the arrest is made without an arrest warrant, the individual may be arrested by police officers who encounter them in the course of their duties.
  • Rights of the individual being arrested: If a person is being arrested, they have certain rights, including the right to remain silent and the right to be informed of the reason for their arrest. The police must also inform the individual of their right to a lawyer and the right to have someone informed of their arrest.
  • Detention and questioning at a police station: If a person is arrested, they may be taken to a police station for questioning. At the police station, the individual has the right to remain silent, although any failure to answer questions may be used against them in court. The individual may also request legal representation while they are being questioned.

What happens after a further arrest?

The consequences of a further arrest depend on the circumstances of the arrest and the individual’s previous criminal history. In some cases, the individual may be remanded in custody, meaning that they will be held in detention at the police station or in prison until their court hearing. In other cases, the individual may be released on bail, subject to certain conditions, or released under investigation, subject to no conditions.

The potential impact of a further arrest on future court proceedings depends on the nature of the crime and the evidence against the individual. If the individual is charged with a crime, further arrest may be mentioned in court as evidence of their involvement in the alleged crime. However, the individual is innocent until proven guilty, and the burden of proof remains on the prosecution to establish the individual’s guilt beyond a reasonable doubt.

In this respect, further arrests are more a procedural matter than things that indicate guilt or innocence.

Where to get more help with a further arrest?

Understanding the concept of further arrest in the UK is important, as it can have significant implications for individuals who are involved in the criminal justice system. If you or someone you know has been arrested, seek legal representation as soon as possible to fully understand your rights and options. The team at Stuart Miller Solicitors has considerable expertise in the criminal justice process and can assist you whether you suspect you will be arrested, whether you have been arrested, or whether you think you will be subject to further arrest.

We can even help if you’re already at the police station. Get in touch for a free consultation about your options.

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