1.4 - Police Powers of Arrest Flashcards
State the guidelines for a lawful arrest, set out under code G.
A person can be arrested for their involvement, suspected involvement or attempted involvement in a crime or if there are reasonable grounds for believing that an arrest is necessary.
State the Acts (and their sections) which set out the powers of arrest.
s24 of the Police and Criminal Evidence Act 1984 (PACE), as amended by s110 of the Serious Organised Crime and Police Act 2005.
What does s24 of PACE allow the police to do?
s24 of PACE allows the police to arrest under any offence and without a warrant if they have reasonable grounds (and suspicion) to believe that a person has, is or will commit an offence, even if it later turns out that no offence has been committed.
What are reasonable grounds for suspicion based on?
Reasonable grounds for suspicion is based on an objective test - the views of an ordinary person, police intelligence and the suspect’s behaviour (Castorina v Chief Constable of Surrey), and a subjective test - the personal views of the officer (O’Hara v Chief Constable of RUC).
Explain what the necessity test is.
Any of the 5 elements of the necessity test can be grounds for the arrest of an individual:
- To enable the person’s name/address to be discovered
- To prevent the person:
(a) causing physical injury to themselves or any other person
(b) suffering physical injury
(c) causing loss of or damage to property
(d) committing an offence against public decency
(e) causing an unlawful obstruction of the highway - To protect a child or other vulnerable person
- To allow the prompt and effective investigation of the offence or the conduct of the person
- To prevent any prosecution for the offence from being hindered by the disappearance of the person in question
What happened in Richardson v Chief Constable of West Midlands?
In Richardson v Chief Constable of West Midlands, the judge held that the arrest was unlawful as Richardson had voluntarily attended the police station and there was no reason to think that he would not stay to be questioned.
What does s28 of PACE set out?
s28 sets out the procedure for an arrest - the police must tell a person as soon as practicable that they are being arrested and why, as well as caution them under s34 of the Criminal Justice and Public Order Act 1994 (CJPOA). No precise words are required but it must be understandable.
Briefly describe what happened in Taylor v Chief Constable of Thames Valley Police.
In Taylor v Chief Constable of Thames Valley Police, the Court of Appeal held that Taylor’s arrest was lawful because he was informed of it, told why and cautioned, all of which was understandable.
What must detectives do before making an arrest?
Detectives must identify themselves and produce a warrant.
Under s117 of PACE, what can the police use to make the arrest necessary?
The police can use reasonable force to make the arrest necessary.
Once arrested the police can search the suspect under s32 of PACE. What are they looking for?
Anything which might be used to help an escape or evidence relating to an offence.
What does s30 of PACE state?
s30 states that the arrested suspect must be taken to the police station as soon as practicable.
Which Acts (and their sections) give the police the right to arrest without a warrant anyone who, having been released on police bail, fails to attend the police station at the set time?
s46A of PACE, as amended by CJPOA.
A common law gives the police the power to arrest for what?
For breach of the peace on both public or private land.
What did the Court of Appeal hold in McConnell v Chief Constable of Greater Manchester Police?
The Court of Appeal held that McConnell’s arrest was lawful because he was causing a disturbance in a carpet store and the police could arrest on private land.
