1.6 Arrest Flashcards

1
Q

Which PACE Code of Practice deals with police powers of arrest and detention?

A

Code C (Detention, treatment and questioning of persons)

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2
Q

What are the consequences for evidence where there is a breach of the PACE Codes?

A

Breaches of the codes do not render evidence obtained as a result of the breach inadmissible per se, but they may provide the basis for an application to exclude evidence.

Such challenges may be made under s.76 PACE (if the defence wishes to challenge the admissibility of confession evidence) or s.78 PACE (for any prosecution evidence).

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3
Q

What are the grounds for challenging confession evidence?

A

Section 76(2) PACE

If defence represents that confessions were obtained

(a)
by oppression of the person who made it; or
(b)
in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof

The Crown must prove beyond reasonable doubt that the confession was not obtained as alleged.

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4
Q

What are the grounds for challenging evidence other than confessions?

A

Section 78(1) PACE

… if it appears to the court that… the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

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5
Q

What are the four questions to ask about any arrest?

A

P: identify the Power

A: what is the legal Authority granting the power?

C: What Criteria need to be met and are they met on the facts?

E: How should the power be Exercised and has it been exercised correctly on the facts?

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6
Q

Which ECHR provision is most directly linked to the power of arrest?

A

Article 5 - deprivation of liberty.

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7
Q

What two things must police have to lawfully arrest someone without a warrant?

A

Section 24 PACE

Police must have a ground (ss.24(1)-(3)) and a reason (ss.24(4)-(5)) why arrest is necessary.

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8
Q

What are the grounds of arrest without warrant?

A

Section 24 PACE
(1)
A constable may arrest without a warrant—
(a)
anyone who is about to commit an offence;
(b)
anyone who is in the act of committing an offence;
(c)
anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d)
anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3)
If an offence has been committed, a constable may arrest without a warrant—
(a)
anyone who is guilty of the offence;
(b)
anyone whom he has reasonable grounds for suspecting to be guilty of it.

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9
Q

What are the reasons for arrest?

A

Section 24 PACE
(5)
The reasons are—
(a)
to ascertain the name of the person;
(b)
correspondingly as regards the person’s address;
(c)
to prevent the person in question—
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency; or
(v) causing an unlawful obstruction of the highway;
(d)
to protect a child or other vulnerable person from the person in question;
(e)
to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f)
to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

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10
Q

What are the criteria of reasonableness in reasonable grounds for suspicion?

A

COP G 2.3A

There must be some reasonable, objective grounds for the suspicion, based on known facts and information.

Castorina v CC Surrey (1988) 138 NLJ 180
1. the constable carrying out the arrest must actually suspect (the subjective test);
2. a reasonable person in possession of the same facts as the constable would also suspect (the objective test).
In addition, the arrest must be Wednesbury reasonable.

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11
Q

Under what statutory provision are arrest warrants issued?

A

Section 1 Magistrates’ Courts Act 1980

The Magistrates Court may issue arrest warrants on the basis of a sworn information that person has committed an offence or is suspected of it.

The offence must be indictable or imprisonable or the person’s address must be insufficiently established for a summons to be served.

The magistrates’ court can also issue a warrant for the arrest of a person who has failed to appear in answer to a summons or of a person who has failed to surrender to custody having been bailed.

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12
Q

What does it mean to be “backed for bail”?

A

An arrest warrant can be “backed for bail”, meaning that the person should be arrested and given a date on which to appear in court and then released on bail. Most warrants are “not backed for bail”, meaning that the person should be arrested and brought to court in custody.

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13
Q

What must police tell a suspect when they arrest them in order for the arrest to be lawful?

A
Section 28 PACE
(1)
that they have been arrested
(3)
the ground for the arrest
(5)
unless it is not reasonably practicable to do so
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14
Q

What must happen when police first arrest someone?

A

COP G 3.4

A person arrested should be cautioned as soon as reasonably practicable after arrest. It may be impracticable to do so by reason of the suspect’s condition or behaviour at the time.

Section 30(1A) PACE

The person must be taken by a constable to a police station as soon as practicable after the arrest.

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15
Q

When can a police officer use force?

A

Section 117 PACE

Police may use reasonable force if necessary in the exercise of any power in a provision of PACE that does not require the consent of a person other than the police constable.

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16
Q

When is applying handcuffs a reasonable use of force?

A

R v Lockley [1864] 1 WLUK 3

Handcuffs should be used only where they are reasonably necessary to prevent an escape or to prevent a violent breach of the peace by a prisoner

17
Q

What special conditions apply to civilians making arrests?

A

Section 24A PACE
(3)
But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
(a)
the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
(b)
it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4)
The reasons are to prevent the person in question—
(a)
causing physical injury to himself or any other person;
(b)
suffering physical injury;
(c)
causing loss of or damage to property; or
(d)
making off before a constable can assume responsibility for him.

18
Q

When may a civilian effect an arrest?

A

Section 24A PACE
(1)
A person other than a constable may arrest without a warrant—
(a)
anyone who is in the act of committing an indictable offence;
(b)
anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2)
Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
(a)
anyone who is guilty of the offence;
(b)
anyone whom he has reasonable grounds for suspecting to be guilty of it.

19
Q

What is an arrest?

A

Lewis v Chief Constable of the South Wales Constabulary [1991] 1 All ER 206

Arrest is an ordinary English word, and whether or not a person has been arrested depends not on the legality of the arrest but on whether he has been deprived of his liberty to go where he pleases.

20
Q

What are the words of the police caution?

A

COP G 3.4

‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’

21
Q

When may a person be arrested for breach of the peace?

A

Common law

(1) a breach of the peace is committed in the arresting person’s presence
(2) the person effecting the arrest reasonably believes that such a breach will be committed in the immediate future by the person arrested, or
(3) a breach of the peace has been committed or the person effecting the arrest reasonably believes that a breach of the peace has occurred and that a further breach is threatened.

22
Q

What is the basic rule empowering the magistrates’ court to issue an arrest warrant or summons?

A

Section 1(1) MCA
On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a)
a summons directed to that person requiring him to appear before a magistrates’ court to answer the information, or
(b)
a warrant to arrest that person and bring him before a magistrates’ court.

23
Q

When can the Crown Court issue an arrest warrant?

A
Section 80(2) Senior Courts Act 1981
The Crown Court may issue warrants for failure to surrender having been bailed.
24
Q

What are the three conditions for issuing an arrest warrant in the magistrates’ court?

A

Section 1 MCA
(3)
No warrant shall be issued under this section unless the information is in writing
(4)
No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless—
(a)
the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or
(b)
the person’s address is not sufficiently established for a summons to be served on him.

25
Q

What does B/W/B/F/B mean?

A

An endorsement: “bench warrant backed for bail”

26
Q

What does B/W/N/B/F/B mean?

A

An endorsement: “bench warrant not backed for bail”

27
Q

Does failure to caution make the arrest unlawful?

A

PACE Code G 3.4
Failure to caution does not make the arrest unlawful but breaches Code C and helps representatives to challenge confession evidence under s.76 or 78 PACE.

28
Q

What must the arresting officer record in his pocket notebook?

A

PACE Code G 4.1
1.
the nature and circumstances of the offence leading to the arrest;
2.
the reason or reasons why arrest was necessary;
3.
the giving of the caution; and
4.
anything said by the person at the time of arrest.

[4.2-4] this is appended to the custody record]

29
Q

How is the level of force that is reasonable in exercising a police power to be assessed as reasonable?

A

Roberts v Chief Constable of Kent [2008] EWCA Civ 1588

In determining what force is reasonable, the court may take into account all the circumstances including:

  • the nature and degree of the force used;
  • the gravity of the offence for which the arrest is to be made;
  • the harm that would flow from the use of force; and
  • the possibility of effecting the arrest without the use of force.

The fact that the force used results in serious injury does not per se make it unreasonable. The use of excessive force does not render an arrest unlawful.