Formerly a judgment creditor might arrest his debtor under a writ of _capias ad satisfaciendum_, but since 1869 imprisonment for debt has been abolished in England, except in certain cases, and in these the period of detention must not exceed one year.
The following persons are privileged from arrest, viz., 1st, members of the royal family and the ordinary servants of the king or queen regnant, chaplains, lords of the bedchamber, &c. This privilege does not extend to servants of a consort queen or dowager. 2nd, peers of the realm, peeresses by birth, creation or marriage, Scottish and Irish peers and peeresses. 3rd, members of the House of Commons during the session of parliament, and for a convenient time (forty days) before and after it. Members of Convocation appear to have the same privilege. 4th, foreign ambassadors and their "domestics and domestic servants." Temporary privilege from arrest in civil process is enjoyed by barristers travelling on circuit, by parties, witnesses or attorneys connected with a cause, and by clergymen whilst performing divine service.
The arrest of any privileged person is irregular _ab initio_, and the party may be discharged on motion. The only exception is as to indictable crimes, such as treason, felony and breach of the peace.
There are no longer any places where persons are privileged from arrest, such as the Mint, Savoy, Whitefriars, &c., on the ground of their being ancient palaces.
Except in cases of treason, felony or breach of the peace, an arrest cannot be made on a Sunday, and if made it is void (Sunday Observance Act 1677); but it may be made in the night as well as in the day.
II. _In Criminal Cases._--All persons whatsoever are, without distinction, equally liable to this arrest, and any man may arrest without warrant or precept, and outer doors may be broken open for that purpose. The arrest may be made,--1st, by warrant; 2nd, by an officer without warrant; 3rd, by a private person without warrant; or, 4th, by a hue and cry.
1. Warrants are ordinarily granted by justices of the peace on information or complaint in writing and upon oath, and they must be indorsed when it is intended they should be executed in another county by a magistrate of that county (see Indictable Offences Act 1848). A warrant issued by a metropolitan police magistrate can be executed anywhere by a metropolitan police officer. Warrants are also granted in cases of treason or other offence affecting the government by the privy council, or one of the secretaries of state, and also by the chief or other justice of the court of king's bench (_bench-warrant_) in cases of felony, misdemeanour or indictment found, or criminal information granted in that court. Every warrant ought to specify the offence charged, the authority under which the arrest is to be made, the person who is to execute it and the person who is to be arrested. A warrant remains in force till executed or discharged by order of a court. An officer may break open doors in order to execute a warrant in cases of treason, felony or indictable offences, provided that, on demand, admittance cannot otherwise be obtained. (See WARRANT.)