arrest

Question 1

ARREST WITH A WARRANT (IF RELEVANT)

Answer 1

•Magistrates’ Court for a warrant to arrest someone they suspect of having committed a crime or to ensure that a witness attends a court hearing under s.1 Magistrates’ Court Act 1980.

Question 2

ARREST WITHOUT A WARRANT

Answer 2

•police can also arrest without a warrant, this is done because the police need to act quickly at the scene of a crime

• requires reasonable grounds to believe that the person involved in a crime based on facts/information

•police officer must also believe the arrest is necessary for reasons such as to prevent further injury/property damage or to prevent any further offences

Question 3

ARREST PROCEDURE

Answer 3

•police have to follow a 6-stage procedure

• identify themselves as police officers

they then need to inform the person they’re being arrested and the circumstances for it

they then need to explain why the arrest is necessary

The police will then need to explain the person is not free to leave

and will conduct any searches under s32(1)

finally caution the person and take them to a police station ASAP

Question 4

USE OF REASONABLE FORCE TO MAKE THE ARREST

Answer 4

•police can use reasonable force when arresting someone, but only if necessary

•This includes handcuffs.

•force when the person is not posing a threat, it could be excessive.

Question 5

CONCLUDE ON WHETHER THE POLICE’S ACTIONS ARE LAWFUL

Answer 5

If the arrest is seen as lawful or unlawful