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Questioning without arrest

Police often ask someone to accompany them to a police station. This is only an invitation and the person does not have to go with the police unless arrested. The police can only force someone to go to a police station if they are under arrest.

A person who refuses to go with the police may be arrested and charged, and taken into custody only if the police reasonably suspect that person of committing or having committed an offence, or of being about to commit an offence. Otherwise the police cannot detain the person. Detention without making a lawful arrest is false imprisonment for which the police can be sued. It may also mean any evidence obtained is excluded from evidence in a trial.

Questioning without arrest  :  Last Revised: Wed Jun 16th 2004




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