Arrest

Question 0

What are the 4 circumstances an officer can arrest someone?

Answer 0

A constable may arrest of offence is commuted- any one guilty or reasonably suspected to be guilty
A constable may arrest if offence reasonably suspected- anyone they reasonably suspect the be guilty
Present circumstances- if they are caught in the act
Future circumstances- anyone about to commit offence

Question 1

What are the two types of arrest?

Answer 1

Arrest with a warrant (unusual)- S1 Magistrates Court Act 1980
Arrest without a warrant- PACE S24 and code G amended by SOCPA 2005

Question 2

What are the 3 most important reasonable grounds for believing arrest to be necessary (S24)?

Answer 2

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

Question 3

What are other statutory powers of arrest?

Answer 3

CJ&PO Act 1994:
Police can arrest for collective and aggravated trespass
Police can arrest a person reasonably suspected of attending or preparing a rave
RTA 1988 S6- Police can arrest a driver for positive breath test
PACE 1984 S46A- arrest for breaching police bail
Common Law right of arrest- breach of the peace

Question 4

Three advantages of arrest?

Answer 4

1. Police officers must identify themselves and give reasons
2. The individual is protected by the necessity test as they cannot be arrested unless it if necessary
3. There is some protection in the requirement that only reasonable force can be used
4. That the person has to be cautioned there is some protection of their rights

Question 5

What are the problems with arrest?

Answer 5

The power of arrest now applies to all offences whereas it used to be limited

Many people don’t know their rights which makes them ineffective