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Title: The law of arrest and similar procedures : a comparative study
Author: Al-Mansoori, Ahmed Eid Mohammad
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1998
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Arrest as an investigative tool in the hand of the police no longer aims merely to bring a accused person before a court. In its modern conception, arrest is used by the police to enable them to achieve several purposes. First, the police may use their power of arrest to hold a suspected person in the police station in order to question him about the crime of which he is suspected, or to adopt other procedures. The police may use the power of arrest as a preventive procedure, for instance, when they effect arrest to prevent a breach of the peace. Therefore, the police frequently rely on arrest to fulfil their duties in investigating crimes and to secure the peace of society. No society can be devoid of crime and criminals. Thus states often include in their laws provisions conferring upon the police powers of arrest whether with or without a warrant. On the other hand, states respect the civil rights of their citizens by including in these laws, provisions to prevent the police from abusing their powers of arrest, in order to set a balance between the right of the state to fight crime and punish criminals, and the right of individuals to enjoy their lives without infringement. This thesis deals with the law of arrest and highlights its important points. It considers and examines the definition of arrest, elements which constitute it, and procedures similar to it, such as stoppage and detention. The study discusses and analyses police powers in respect of arrest, whether with or without a warrant. It also presents the safeguards for the person under arrest, procedures incidental to arrest and remedies for unlawful arrest. We discuss these matters throughout different jurisdictions with different systems of law. These jurisdictions are Egyptian law and UAE law on the one hand, and English law and Scottish law on the other.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available