An arrest is not bad for the singular reason that it interferes with a constitutional subject’s freedom of movement. It can have dire reputational consequences and can be life defining.
Once arrested on allegations of rape, for example, a man is distrusted everywhere. He lives on the back-foot, accused even when he is not. Add a charge and you have a complete cocktail of legal misfortunes. It is usually public. Your vindication is almost always private.
The process of an arrest obtains in the touching of the body of a subject. It entails no drama and no use of force. Some police officers understand this, some don’t. Arrests must be conducted with due sensitivity to the dignity of the subject. Arrest powers are not a blank checque for citizen abuse and heavy handedness. Contrary to police practice, an arrest does not require the use of handcuffs. Handcuffs are merely a restraint mechanism. An arresting officer only needs to touch your body and to pronounce an arrest and it is complete. By practice, touching is done on the shoulder. You can imagine what our good friends in blue would do if they were allowed to touch anywhere. It is not uncommon for the subject of an arrest to demand an arrest warrant. It is not that straightforward either. You can just as well be arrested without a warrant as with one. Just as with law enforcement officers a citizen is entitled to effect an arrest where an offence has been committed or where there is reasonable suspicion that an offence is about to be committed. I am not talking about vigilantism or the idiocy you see at the bus rank where a suspect is assailed by a mob. The duty to keep law and order and to ensure the arrest of suspected criminals is shared between law enforcement and society. To demand a warrant as a prerequisite for every arrest would be ludicrous. By the time one is obtained, a suspect could be anywhere between the North and the South Pole. That is not to say that people can be arrested willy-nilly. Reasonable grounds must exist for suspecting that the subject has committed an offence or is about to. A person effecting an arrest without a warrant, is required to advise the person concerned of the reason for doing so. Without disclosure, the arrest is unlawful and can be resisted. Once arrested, you have a duty to furnish the police with your names and addresses. Failure to do so constitutes a criminal offence. If you give particulars reasonably suspected to be false, you can be lawfully detained while your identity is being verified. The giving of false particulars is in and of itself an offence. By the way, that does not extend to giving fingerprints. You