Arrest Flashcards
Define Arrest
Taking of a person’s liberty & preventing them from going about their lawful business
Arrest Considerations
- Is there power to arrest?
- Grounds to arrest?
- Necessity to arrest?
Section 24.1 PACE 1984
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.
Section 24.2 PACE 1984
Can arrest is reasonable grounds for suspecting an offence has been committed, or reasonable grounds to suspect of being guilty of it.
Section 24.3 PACE 1984
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.
Necessity to Arrest
I - investigation
D - disappearance
C - child
O - obstruction
P - physical injury
P - public decency
L - loss or damage
A - address
N - name
Necessity to Arrest
Investigation
Allow prompt and effective investigation of the offence or of the conduct of the person in question.
Necessity to Arrest
Disappearance
Prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
Necessity to Arrest
Child
Protect a child or vulnerable person from the relevant person.
Necessity to Arrest
Obstruction
Prevent the relevant person causing an unlawful obstruction of the highway.
Necessity to Arrest
Physical Injury
Prevent the relevant person causing physical injury to themselves or any other person or prevent themselves suffering physical injury.
Necessity to Arrest
Public Decency
Prevent relevant person committing an offence against public decency.
Necessity to Arrest
Loss or Damage
Prevent relevant person causing loss of or damage to property.
Necessity to Arrest
Address
Enable the address of the relevant person to be ascertained.
Necessity to Arrest
Name
Enable the name of the relevant person to be ascertained.
Use of Force
Section 117 Police & Criminal Evidence Act 1984
A constable can use reasonable force if necessary in the exercise of any power.
Use of Force
Section 3 Criminal Law Act 1967
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.
Use of Force
Section 76 Criminal Justice & Immigration Act 2008
Expands on common law and statutory defence of ‘self-defence’.
Section 31 of PACE
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.
Section 31.7 PACE
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.
