Which of the following is NOT an element of a lawful arrest?

• A. That they are under arrest
• B. Offence
• C. Caution
• D. Jurisdiction

Answer: (D)

The main idea here is understanding what makes an arrest lawful in practice. For an arrest to be valid, the officer must have the power to arrest and there must be a clear basis for taking someone into custody. Three elements typically align with this: the person is actually under arrest (they’re in custody), there is an identifiable offence that gives rise to the arrest, and after the arrest the officer will issue a caution to inform the person of their rights before any questioning.

Jurisdiction, while important as the broader authority under which the officer acts, is not something you list as a direct element that has to be proven at the moment of arrest. An officer’s power to arrest comes from statute and the officer’s authority, not from stating jurisdiction as part of the arrest itself. So while jurisdiction underpins why the officer can act in a given area or for a given offence, it isn’t an essential element that defines the act of arrest itself.