Arrest

Question 1

How may people be arrested?

Answer 1

• Arrest with a warrant (unusual)

- Arrest without a warrant (one conditional power of arrest)

Question 2

When is an arrest with a warrant used?

Answer 2

where someone has failed to appear in court for their trial after being given bail (s1 Magistrates Court Act 1980)

Question 3

There are two tests for arresting someone, what are they?

Answer 3

• When a constable may arrest

- Reasonable grounds for believing it to be necessary

Question 4

What do the reasonable grounds for arresting someone include?

Answer 4

• to prove name
• to prove address
• to allow prompt and effective investigation of offence or conduct (Code G)

Question 5

What are reasonable grounds?

Answer 5

Enough objective evidence to make a reasonable person suspect the defendant was involved in crime

Question 6

What happened in the case of G v DPP 1989?

Answer 6

a belief by the PO that ‘suspects generally give a false name’ was not sufficient for the general arrest conditions. D was entitled to resist arrest, so not guilty of assaulting PC in execution of duty

Question 7

What are the other statutory powers of arrest?

Answer 7

• CJ & PO Act 1994
• RTA 1988 s6
• PACE 1984 s46A

Question 8

What is the Common Law right of arrest - breach of the peace?

Answer 8

There is a common law right for anyone to arrest anyone to prevent a breach of the peace (fighting in the street)

Question 9

What is the process of arrest?

Answer 9

1) Police caution must be administered - CJ & PO Act 1994
2) Force used - Criminal Law Act 1967 s3
3) Communication - PACE 1984 s28