Arrest

Question 0

What code is arrest under and what are the guidelines?

Answer 0

• it’s under Code G
• the guidelines for a lawful aren’t are that a persons involvement, suspect or attempted and reasonable grounds for believing the arrests are necessary
• has guidelines on what actions the officer must take when approaching the suspect for example granting street bail etc.

Question 1

Arrest is under what Act?

Answer 1

Arrest is under S24 of PACE 1984 as amended by s110 of SOCPA

Question 2

All offences are…

Answer 2

Arrestable and police can arrest without a warrant if a suspect has, is or about to commit an offence and reasonable grounds for believing the offence is Arrestable

Question 3

What is the necessity used for and list it:

Answer 3

It’s used to determine whether the arrest is necessary or not
•to enable the name and address of the person
•to prevent the person:
-causing physical injury to themselves or others
-suffering physical injury
-causing loss of or damage to property
-to allow the prompt and effective investigation of an offence
-to prevent the prosecution of the person from being hindered by their disappearance

Question 4

What case was the test considered in?

Answer 4

Richardson v CC of West Midlands

Question 5

What is reasonable grounds for suspicion based on?

Answer 5

It’s based on objective and subjective test
Objective is on the basis of an ordinary person and police/public info and intelligence
Subjective is the perception in the circumstances
This was considered in Osman v DPP

Question 6

What is the procedure for search?

Answer 6

It’s under s28
An officer must tell suspect as soon as practicable they’re under arrest and give reason for arrest
•no precise words are required but must be understandable like in Taylor v CC of Thames Valley Police
•police must caution suspect under s34 of CJPOA 1994
•under s117 if they’re not in uniform they must identify themselves

Question 7

Under what’s section must the suspect be taken to station once arrested as soon as practicable

Answer 7

Section 30

Question 8

What must officer do once a suspect has been arrested

Answer 8

Officer can search them for evidence and take items used for escape

Question 9

If someone’s on bail what can officer do

Answer 9

Under s46a police can arrest if someone’s on police bail and has failed to comply

Question 10

What is the other powers of arrest

Answer 10

Under section 1 of MCA 1980 police can arrest with a warrant and search house

Question 11

Explain breach of peace

Answer 11

Police have a common law for breach of peace whether it’s on private or public land
In the case of McConnell v CC of greater Manchester police the D was asked to leave a store but refused. Officers made him leave but he tried to re-enter so was arrested and it was lawful

Question 12

Explain the case in which the conditions must be satisfied for breach of peace arrest

Answer 12

• the persons conduct must learnt interfere with the rights of others
• the person must be a real and sufficient threat to the peace
• the threat must come from the person in question
• the conduct of the person must be unreasonable I