Arrest

Question 0

When can you arrest without a warrant?

Answer 0

S24 PACE/Code G (amended by SOCPA 2005)

Question 1

When can police arrest with a warrant?

Answer 1

Magistrates Court Act 1980 (where you breach bail)

Question 2

When is arrest lawful? (Four tenses)

Answer 2

1. ) Person is in the act of committing an offence
2. ) A person has committed an offence
3. ) About to commit an offence
4. ) Reasonable grounds for suspecting they’re about to commit an offence

Question 3

What are the necessary reasons for arrest?

Answer 3

Unable to prove name, address and unable to allow prompt and effective investigation of offence

Question 4

What is the process of arrest?

Answer 4

1. ) Caution before the arrest, right of silence
2. ) Only reasonable force should be used
3. ) Arrest should be communicated physically and verbally
4. ) Defendant should be taken to police station as reasonably practicable

Question 5

What is breach of the peace?

Answer 5

The right for anyone to arrest anyone to prevent a breach of the peace (fighting in the street) Bibby v CC of Essex Police 2000

Question 6

AO2 arrest safeguards?

Answer 6

1. ) Police officers must identify themselves and give reason for arrest
2. ) The individual is protected by the necessity test as the arrest is not lawful unless it’s necessary
3. ) Only reasonable force may be used
4. ) Person has to be cautioned, although right of silence can be eroded