Arrest Flashcards
Arrest general information
- Arrest without a warrant is contained in s24 PACE 1984 as amended by serious organised crime a police act 2005
- under code G
A lawful arrest must meet what 2 main criterias
- the person being arrested must be involved or suspected of involvement or attempted involvement in committing a crime
- the police officer must have reasonable grounds for believing that it is necessary to arrest that person
What procedure does the police have to do when arresting someone
- identify themselves as police officers
- informing the person that they have been arrested and the circumstances
- explaining why the arrest is necessary
- explaining that the person is not free to leave
“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 for evidence.”
How quick do you have to take the suspect to the police station
As soon as reasonably possible
What happens when arresting someone under 18?
The police must contact parents, a carer, guardian or an appropriate adult as soon as possible after arrival at the police station
Can you arrest without a warrant?
You can however the arrest is different
When arresting someone what does the police need
A warrant from the magistrates court
What is outlined in serious organised crime and police act 2005?
The distinction between ‘arrestable’ and ‘non- arrestable’ offences
What comes under S30 PACE 2005?
That police must take the suspect to the police station as soon as practically possible
Can police arrest without a warrant if the suspect is about to commit an offence?
Yes
What are the requirements of a lawful stop and search and arrest
