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What legal pr...

Question

What legal procedures are followed by the government offices or police officers during detention of a citizen

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Solution

The legal procedures that need to be followed by the police during detention of a citizen are

1. The police must inform the citizen about the reason for detention.
2. The detained person needs to be produced before a magistrate within 24 hours.
3. The detained person needs to be provided with a lawyer.

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Q. LEGAL PRINCIPLE:
(1) Battery is the intentional causation of harmful or offensive contact with another's person without that person's consent.
(2) When lawfully exercising power of arrest of some other statutory power a police officer had greater rights than an ordinary citizen to restrain another.
FACTUAL SITUATION: Two police officers on duty in a police car observed two women in the street who appeared to be soliciting for the purpose of prostitution. One of the women was known to the police as a prostitute but the other, X , was not a known prostitute. When the police officers requested X to get into the car for questioning she refused to do so and instead walked away from the car. One of the officers, a policewoman, got out of the car and followed X in order to question her regarding her identity and conduct and to caution her, if she was suspected of being a prostitute in accordance with the approved police procedure for administering cautions for suspicious behaviour before charging a woman with being a prostitute X refused to speak to the policewoman took hold of X's arm to detain her. X then swore at the policewoman and scratched the officers' arm with her fingernails. X was convicted of assaulting a police officer in the execution of her duty. She appealed against the conviction, contending that when the assault occurred the officer was not exercising her power of arrest and was acting beyond the scope of her duty in detaining X by taking hold of her arm. The police contended that the officer was not exercising her power of arrest and was acting beyond the scope of her duty in detaining X by taking hold of her arm. The police contended that the officer was acting in the execution of her duty when the assault occurred because the officer had good cause to detain X for the purpose of questioning her to see whether a caution for suspicious behaviour should be administered. Decide whether the police officer is liable for battery?
DECIDE.

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