Learn English – Can a person be ‘further arrested’

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On tonight's news there was considerable coverage of the potentially tragic case of Becky Watts, a young teenager who has been missing for over a week.

A spokesman for the Bristol police made the announcement that the man and woman who had been arrested two days ago on suspicion of her kidnap, had now been further arrested on suspicion of her murder. (So far no body has been discovered and one must assume that the reason the police have done this is to strengthen their case with the magistrates to allow them to hold the couple without charge beyond the normal time limit, for further questioning.)

From a language point of view I have concerns as to whether it is possible to further arrest a person. The ODO definition of arrest is seize someone by legal authority and take them into custody. Given that the couple concerned were already in custody I fail to see how they could have been further arrested.

What other term do contributors think might have been used instead?

Best Answer

According to UK POLICE AND CRIMINAL EVIDENCE ACT 1984:

(PACE) CODE G REVISED
CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS Further arrested is a legal term which means the extension of arrest time of a person already in police custody (first arrested) on the grounds of new evidence or new/ additional charge/charges. The above code uses the term further arrested several times.

2.6 Extending the power of arrest to all offences provides a constable with the ability to use that power to deal with any situation. However applying the necessity criteria requires the constable to examine and justify the reason or reasons why a person needs to be arrested or (as the case may be) further arrested, for an offence for the custody officer to decide whether to authorise their detention for that offence. See Note 2C

3.3 A person who is arrested, or further arrested, must be informed at the time if practicable, or if not, as soon as it becomes practicable thereafter, that they are under arrest and of the grounds and reasons for their arrest, see paragraphs 2.2 and Note 3.

I think the answer lies within the word "further":

  1. farther; 'rode across the valley and up the further slopes' — T. E. Lawrence.
  2. going or extending beyond : additional; 'further volumes' 'further education'

Thus further arrested implies additional arrest time, i.e. extending beyond the originally specified arrest period, usually 24 hours without charge, or extending beyond the initial charge.

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