Posted: Feb 10, 2016 11:42 am
by GrahamH
Teague wrote:You have the right to remain silent.

Also, are you suuuure about that. If they're not charging you with a crime, they can't arrest you. You get arrested for committing a crime, not for being a suspect. This isn't Nazi Germany or North Korea - they can't just take you away for questioning.


I'm no expert on law. My understanding is that in UK law police can arrest on reasonable suspicion ("probable cause") and the CPS decides if someone is to be prosecuted, and if so what the actual charge is. You might be arrested on suspicion of murder but actually be charged later for manslaughter, for example.

Probable cause will be founded on either direct observations by the police officer, or on hearsay information provided by others to the police. The information brought by the police to the neutral and detached magistrate must establish that—considering the police officer's experience and training—the officer knows facts, either through personal observation or through hearsay information, that would suggest to a reasonable prudent person that the individual named in the warrant had committed or was committing a crime.

https://en.wikipedia.org/wiki/Arrest_warrant


The prosecution charge or indictment has to meet a much higher burden of proof than the probable cause arrest warrant.