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Police Custody - Law Dictionary Search Results

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Police Custody

Police Custody, commences when a police officer arrests a person by actually touching or confining his body, or when the accused submits to the custody by word or action or offers to give information leading to discovery, Gian Singh v. State, (1981) CC Cases 7 (Del)....


Impound

Impound, to place a suspected document in the custody of the law, when it is produced at a trial. As to custody of documents impounded by the Court, see R.S.C. Ord. XLII., r. 334.Means (1) To place (something such as a car or other personal property) in the custody of the police or the court, often with the understanding that it will be retuned intact at the end of the proceeding.(2) To take and retain possession of (something, such as a forged document to be produced as evidence) in preparation for a criminal prosecution, Black's Law Dictionary, 7th Edn., p. 760....


Arrest

Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...


knock and announce rule

knock and announce rule : a rule of criminal procedure requiring that police announce their authority and purpose before entering a premises in execution of a search or arrest warrant unless special circumstances (as risk of harm to the police) warrant unannounced or forcible entry compare exigent circumstances no-knock search warrant at warrant ...


Musician, London

Musician, London. The (English) Metropolitan Police Act, 1864 (27 & 28 Vict. c. 55, 'Bass's Act' [Chitty's Statutes, tit. 'Police (Metropolis)'], repealing and strengthening the provisions of s. 57 of the (English) Metropolitan Police Act, 1839, enacts that any householder within the metropolitan police district, personally, or by his servant, or by any police constable, may require any street musician or street singer to depart from the neighbourhood of the house of such householder, on account of the illness, or on account of the interruption of the ordinary occupations or pursuits of any inmate of such house, or for other reasonable or sufficient cause;And every person who shall sound or play upon any musical instrument or shall sing in any thoroughfare or public place near any such house after being so required to depart, shall be liable to a penalty of not more than forty shillings, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned for an...


booking

booking : a procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register NOTE: The arrested person is usually photographed and fingerprinted at the time of the booking. ...


Custody

Custody, The word is of elastic semantics but its core meaning is that the law has taken control of the person, Nianjan Singh v. Prabhakar Rajaram Kharote, (1980) 2 SCC 559: AIR 1980 SC 785 (787): (1980) 3 SCR 15. [Criminal Procedure Code (1974) s. 439]Means physical custody, Warner v. Metropolitan Police Commr., (1969) 2 AC 256: (1968) 2 All ER 356, HL Halsbury's Laws of England, Vol. 3(1), para 59, p. 55.Custody, he who under the control of the Court or is in the physical hold of an officer with coercive power, is in custody for the purpose of s. 439, Nirmaljeet Kaur v. State of Madhya Pradesh, (2004) 7 SCC 558.The word is of elastic semantics but its core meaning is that the law has taken control of the person. The expression 'custody' as used in s. 439 must be taken to be a compendious expression referring to the events on the happening of which the Magistrate can entertain a bail petition of an accused, Sunita Devi v. State of Bihar, (2005) 1 SCC 608 (613, 614). (Criminal Procedur...


Course of public justice

Course of public justice, particularly in the criminal sphere, was not confined to the process of adjudication and included functions of the police such as the investigation of offence and the arrest of suspected persons, that where a false allegation was made the mischief existed whether it was capable of identifying individuals or not; and that although the risk of an innocent person being subjected to wrongful arrest might be the greater in the former instance, it remained wherever the offence was descried with sufficient particularity to justify a significant police investigation, R. v. Cotter (CA), (2003) LR 951 (QB)....


Charge-sheet

Charge-sheet, a paper kept at a police-station to receive each night the names of the persons brought and given into custody, the nature of the accusation, and the name of the accuser in each case. It is under the care of the inspector on duty. Unless the accuser is willing to sign the charge-sheet, the accused will generally not be detained.--The expression 'charge-sheet' is understood in Police Manuals of several States containing the rules and regulations to be a report by the police filed under s. 170 of the Code, described as a 'charge-sheet', Gangadhar Janardan Mhatre v. State of Maharashtra, (2004) 7 SCC 768 (774). [Criminal Procedure Code, 1973, ss. 170, 169 and 173 (2)]Military law. A four part charging instrument containing (1) information about the accused and the witness, (2) the charges and specifications, (3) the preferring of charges and their referral to a summary. Special or general court-martial for trial, and (4) for a summary court-martial, the trial record, Black's...


Night walkers

Night walkers, vagrants, pilferers, disturbers of the peace. They may be arrested by the police, and committed to custody till the morning, 2 Hale, P.C. 90. Also a name for a common prostitute: see s. 54 (11) of the (English) Metropolitan Police Act, 1839 (2 & 3 Vict. c. 47); Chitty's Statutes, tit. 'Police (Metropolis).'...


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