AIBE question and official answer

AIBE III 2012 Question 41

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Question 41 of 100 AIBE III 2012 Set Common

A police officer attends A's house and tells him that he is under arrest, and that he should accompany the officer to the Police Station. A refuses to go with the officer. The officer leaves, saying that he will return the next day with more police officers. A says he will go with the police officers the next day. Is A under arrest at this stage, and why?

  1. A Yes, because the police officer has clearly told A that he is under arrest and A has been notified that A will be taken to the police station the following day.
  2. B Yes, the police officer has clearly told A that A is under arrest, and A has consented to go with the officers the following day, so that constitutes submission.
  3. C No, but A is not allowed to leave the jurisdiction because he has agreed to be arrested the following day.
  4. D No, because when A refused to go with the police officer, the police officer did not touch or otherwise attempt to confine A, so A is not yet under arrest. Official answer
  5. E No, but A is on tentative arrest, as A is under notice that the police will collect A on the following day.

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