What is required for police to arrest someone for an indictable offence?

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For police to arrest someone for an indictable offense, obtaining a warrant is typically required. An indictable offense is a more serious crime that generally involves greater penalties, therefore, the legal process demands a higher standard of proof before an individual can be deprived of their freedom. A warrant, which is issued by a judge or magistrate, serves as a judicial endorsement that there is sufficient evidence or probable cause substantiating the arrest. This requirement helps to safeguard individuals against arbitrary arrest and ensures that law enforcement operates within the framework of legal accountability.

While probable cause is necessary for police to justify an arrest, the specific requirement for a warrant in the case of indictable offenses denotes an additional layer of protection for individuals. It ensures that a neutral party has reviewed the evidence and agreed that an arrest is warranted. Witness testimony, while potentially supportive of establishing the facts of a case, does not replace the need for a warrant in these circumstances. Similarly, there are always some special requirements in place when dealing with serious offenses, which distinguishes them from more minor infractions that might allow for an arrest without a warrant under certain conditions.

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