138 Resource book on the use of force and firearms in law enforcement • What other persons may be likely to be in the vicinity during the arrest? • Is there a place where the suspect can be arrested with a lower risk of harm to himself, the law enforcement officials or others? • What actions can be taken to ensure third parties are not harmed? Based on the nature of the allegations or charges, as well as the prior assessment, it may be advisable to first invite the person to voluntarily come to the police station and only consider going out to make an arrest if the person does not cooperate. When a cooperative attitude is expected, this will often be the preferred option as it requires fewer resources and is relatively risk-free. India, for example, has recently introduced the system of “notice for appearance” so that arrest can be avoided in minor offences.306 However, based on the answers to the questions above, the arresting authority must decide when and where to conduct the arrest: at home, at work, in a public location? It is impossible to provide general recommendations on where to carry out the arrest, or when, as this depends on the circumstances of the particular case. This is why each case, whenever possible, should be carefully prepared. At home there might be a lower probability of resistance, but there may be family members, including children, for whom it may be traumatizing to see their parent(s) or family member being arrested. Protocols should be developed for law enforcement personnel to follow when a child will be present at the time of arrest of their parent and for informing children not present at time of arrest.307 Conducting the arrest at work may have a negative impact on the person’s reputation and lead to loss of employment. When conducting the arrest in a public space, there may be a risk for innocent bystanders if the person acts in a violent manner. Some law enforcement agencies recommend conducting the arrest in the early hours of the morning, as most people will be fairly disoriented when suddenly woken up, thus will be less able to resist effectively. In some countries, arrests are not allowed or require additional conditions during certain time frames. For example, in India it is prohibited to arrest a woman between sunset and sunrise, except under specified conditions, in order to prevent abuse.308 When there is reason to believe that the person to be arrested is armed, preparing for the arrest becomes even more important, and extra precautionary measures should be taken to prevent the use of firearms. Indeed, in line with principle 9 of the BPUFF, firearms can only be used when “less extreme measures are insufficient”, implying such measures must be exhausted first. Many countries have specialized arrest teams for these situations, consisting of officers that have been specifically trained for such purpose (see the section on SWAT teams on page 99). If the arrestee is the main caretaker of one or more children, the rights of the child should be taken into account during the planning process.309 Arrangements should be made for the care of the children during the arrested person’s absence, or the arrested person should be allowed to do so him or herself. If possible it is preferred to have another family member or someone close to the children to care for them in their own home. If there is no suitable candidate, the situation See Criminal Procedure Code of India, Section 41A. United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice, E/CN.15/2014/L.12/Rev.1 of 15 May 2015, para. 31. 308  This was an amendment to the Criminal Procedure Code in 2005 which inserted a new subsection in the code as Section 46 subsection (4). 309  United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice, para. 34(l). 306  307