Arrest Flashcards
what is required for a lawful arrest
Section 24 PACE
1. A person’s involvement OR
2. Suspected involvement and to believe it is necessary OR
3. Attempted involvement in the commission of a criminal offence
what is required to place someone under arrest
Section 28 PACE 1984
1. That they are under arrest (even if it is obvious) or grounds for arrest.
2. The necessity for the arrest
3. Caution ‘when questioned’
what law allows you to place someone under arrest
Section 24 PACE 1984
A constable may arrest without a warrant anyone who: (specials under section 30 of police act)
1. Is about to commit an offence
2. In the act of committing an offence
3. Reasonable grounds to suspect that a person is about to
necessity test - IDCOPPLAN
CODE G PACE 1984
I – Investigation
D – disappearance
C – child or vulnerable
O – Obstruction
P – Prevent injury
P – public indecency
L – Loss
A – Address
N – Name
what legislation allows you to dearrest
SECTION 30(7) PACE 1984
A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches the police station that there are no grounds for keeping him or her under arrest. The constable must record the fact that this has happened.
what legislation relates to further arrest
Section 31 PACE
which section relates to use of power
S117 PACE 1984
what is JPLANE
J - Justified
P - Proportionate
L - Legal
A - Appropriate
N - Necessary
E - Ethical