Arrest Flashcards

1
Q

Define Arrest

A

Taking of a person’s liberty & preventing them from going about their lawful business

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2
Q

Arrest Considerations

A
  • Is there power to arrest?
  • Grounds to arrest?
  • Necessity to arrest?
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3
Q

Section 24.1 PACE 1984

A

Can arrest if they have reasonable grounds to suspect anyone who is about to commit an offence or is in the act of committing an offence.

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4
Q

Section 24.2 PACE 1984

A

Can arrest is reasonable grounds for suspecting an offence has been committed, or reasonable grounds to suspect of being guilty of it.

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5
Q

Section 24.3 PACE 1984

A

Arrest if an offence has been committed, if anyone is guilty of the offence or you have reasonable grounds for suspecting to be guilty of it.

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6
Q

Necessity to Arrest

A

I - investigation
D - disappearance
C - child
O - obstruction
P - physical injury
P - public decency
L - loss or damage
A - address
N - name

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7
Q

Necessity to Arrest

Investigation

A

Allow prompt and effective investigation of the offence or of the conduct of the person in question.

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8
Q

Necessity to Arrest

Disappearance

A

Prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

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9
Q

Necessity to Arrest

Child

A

Protect a child or vulnerable person from the relevant person.

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10
Q

Necessity to Arrest

Obstruction

A

Prevent the relevant person causing an unlawful obstruction of the highway.

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11
Q

Necessity to Arrest

Physical Injury

A

Prevent the relevant person causing physical injury to themselves or any other person or prevent themselves suffering physical injury.

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12
Q

Necessity to Arrest

Public Decency

A

Prevent relevant person committing an offence against public decency.

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13
Q

Necessity to Arrest

Loss or Damage

A

Prevent relevant person causing loss of or damage to property.

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14
Q

Necessity to Arrest

Address

A

Enable the address of the relevant person to be ascertained.

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15
Q

Necessity to Arrest

Name

A

Enable the name of the relevant person to be ascertained.

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16
Q

Use of Force

Section 117 Police & Criminal Evidence Act 1984

A

A constable can use reasonable force if necessary in the exercise of any power.

17
Q

Use of Force

Section 3 Criminal Law Act 1967

A

Person may use force in:
- Prevention of a crime
- Effecting or assisting in the lawful arrest of offenders or suspected offenders
- Effecting or assisting in the lawful arrest of persons unlawfully at large.

18
Q

Use of Force

Section 76 Criminal Justice & Immigration Act 2008

A

Expands on common law and statutory defence of ‘self-defence’.

19
Q

Section 31 of PACE

A

If a person has been arrested for an offence and is at a police station in consequence of that arrest, and it appears they would be liable to arrest for some other offence, they shall also be arrested for that other offence.

20
Q

Section 31.7 PACE

A

A person arrested by a constable at any place other than a police station must be released without bail if at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping them under arrest.