A.5 compatibility UK

Question 1

mandatory life sentence

Answer 1

do not breach A.5 when imposed by court and tariff or min time to be served is set by judges

Question 2

PACE 1984

Answer 2

introduced to provide specific rules for police when dealing with stopping, arresting, detaining, questioning suspects.
Failure to follow will mean evidence obtained in breach will be inadmissible in court

Question 3

meaning of arrest (not in PACE)

Answer 3

3 main parts to arrest:
-submission by arrested person to police/physical restraint to enforce arrest

• arresting officer must clearly show as soon as possible that they are arresting person
• arresting officer must make grounds for arrest clear as soon as practicable

Question 4

stop and search

Answer 4

police have power to stop and search members of public in public space
does not amount to an arrest, provided person cooperates
SAS power does not offend A.5 as involves temporary deprivation of liberty

Question 5

ss 1 and 2 PACE 1984

Answer 5

officer may search any person or vehicle and detain person or vehicle for purposes of search

search can only be carried out to look for certain items , officer can only stop and search person if they have reasonable grounds for suspecting they’d find item.

this is objective test not just officer’s opinion. (should be based on form of intelligence not from opinion or suspect’s behaviour

provided its on reasonable grounds, unlikely to breach A.5

Question 6

arrest with warrant

Answer 6

may authorise police to enter, search premises and seize property they suspect being there

Question 7

arrest without warrant

Answer 7

s 24 PACE allows officer to arrest without warrant where he/she is committing an offence or is about to commit or where officer has reasonable grounds to suspect person is going to or has already committed offence

Question 8

a lawful arrest requires:

Answer 8

police officer to know or have reasonable grounds for suspecting person to be guilty of offence

and they have reasonable grounds for believing arrest is necessary

reasonable grounds are objective

Question 9

reasonable grounds for suspecting person to be guilty of an offence

Answer 9

castorina v chief constable of surrey lay down test

• did officer suspect person was guilty? (subjective)
• did officer have reasonable proof for that suspicion? (objective)
• if yes to both, was arrest reasonable? did it take into account all relevant factors and ignore non-relevant matters? proper purpose? would reasonable officer done the same?

Question 10

test for necessity criterion

Answer 10

Hayes v Chief Constable

• officer believes arrest is necessary for reason
• objectively, belief is reasonable

Question 11

informing arrested person they’re under arrest

Answer 11

s 28 PACE
Murphy v Oxford - told he was being arrested for burglary but not that it was burglary of hotel, so unlawful

Moses Alder v Crown Prosecution - off duty, plain clothed police explained he was he was an officer and was detaining, so lawful

Question 12

breach of peace definition

Answer 12

R v Howell
a positive act that harms person or property, likely to cause harm or puts someone in fear of such harm done

doesn’t have to be unlawful but must put another in fear of violence

Question 13

arrest to prevent breach of peace

Answer 13

common reason to arrest would-be offenders
police are entitled to arrest person where there is breach of peace
where there’s anticipated breach, power of arrest should only be used when there’s sufficiently serious and imminent threat

Question 14

detention and custody time limits

Answer 14

PACE 1984 limits amount of time person charged can be kept in custody
suspect can be held for up to 24 hrs, in serious cases limit can be extended to 36hrs/96hrs
terrorism-suspect can be held up to 14 days

Question 15

bail

Answer 15

when an accused is allowed to leave police custody until attendance at trial, conditions may be granted
failure to attend court hearing will be offence
Bail Act 1976

Question 16

bail by police

Answer 16

can be released on bail if there’s not enough evidence for charge, may be required to return for further questioning
Once suspect is charged of offence, has to be decided whether they should have bail or be held in custody until first hearing

Question 17

bail by court

Answer 17

anyone accused of crime is presumed to be innocent until proven guilty -so should not be denied freedom unless there’s good reason
Act sets out there’s presumption that bail should be granted unless there’s sufficient info not to grant it

Question 18

Reasons for refusing bail

Answer 18

charged with a serious offence, for example armed robbery. you’ve been convicted of a serious crime in the past. you’ve been given bail in the past and not stuck to the terms.
interference with witnesses