Difference between arrest and custody

The terms "arrest" and "custody" are related to law enforcement and criminal justice, but they refer to different concepts: ### Arrest: - **Definition**: An arrest is the act of law enforcement officials taking an individual into custody, usually because they are suspected of committing a crime. It involves detaining a person against their will. - **Legal Process**: An arrest typically requires probable cause, meaning that the arresting officer has reasonable grounds to believe that the person has committed, is committing, or will commit a crime. - **Methods**: An arrest can be made with or without a warrant, depending on the circumstances and the laws in the jurisdiction. - **Rights**: Upon arrest, individuals typically have certain rights, such as the right to remain silent and the right to an attorney (Miranda rights in the U.S.). ### Custody: - **Definition**: Custody refers to the situation where an individual is detained by law enforcement and is not free to leave. This can occur in various contexts, such as after an arrest or during a police interrogation or investigation. - **Duration**: Custody can be temporary, such as holding a suspect for questioning, or it can be more prolonged if the individual is formally charged with a crime. - **Legal Implications**: Being in custody often requires law enforcement to provide certain legal protections to the individual, including the right to consult with an attorney and the right to a fair process. - **Different Contexts**: Custody can also refer to situations outside of criminal arrests, such as child custody in family law contexts. ### Summary: In essence, an arrest is a formal action taken by law enforcement to detain an individual suspected of a crime, while custody describes the broader situation of being held in detention, whether due to an arrest or other reasons.