Arrest Flashcards

1
Q

What are the necessary elements for making an arrest

A

• In order to make an arrest an officer must have a legal power to arrest; a reasonable suspicion; a suspected offence; grounds to arrest and must be correct procedure

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2
Q

Which case held that it is an offence to try and escape from lawful custody following an arrest

A

Timmis: After failing a breathalyser test, while the police moved his car which was causing an obstruction, he ran away. He was charged with the offence of drink drinking and escaping from custody.

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3
Q

Which case indicated that to escape from lawful custody the person in question must know that the have actually been arrested

A

R v Dillon: Dhillion was not guilty of escaping lawful custody after leaving a hospital on his own following an X-ray.

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4
Q

Which S and Act allows the police to use reasonable force in the circumstances to prevent crime or to lawfully arrest those unlawfully at large

A

S 3 of the Criminal Law Act

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5
Q

What does S 1 of the Magistrates’ Court Act say

A

provides that a Justice of the Peace may issue a warrant for the arrest of an individual who has committed, or is suspected to have committed, an offence capable of warranting a prison sentence.

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6
Q

Which S of PACE gives constables powers of arrest without a warrant

A

S 24

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7
Q

Is the general power of arrest broad

A

yes

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8
Q

In which case was allowable for an officer to arrange to meet a suspect and then arrest at the meeting, this will not amount to false imprisonment

A

hayes v CC of Merseyside Police

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9
Q

What does S 24 A provide

A

allows people other than constables to arrest someone who is committing an indictable offence or who has committed an indictable offence

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10
Q

A citizen however may not know exactly what an indictable offence is, what is done about this

A

S 24 A classifies either way offences as indictable offences, this prevents claims of false imprisonment

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11
Q

Arrest w/o a warrant. Which case defines what a breach of the peace is

A

howell: a common law breach of the peace means the use of threat of violence against a person, or against property in the presence of its owner

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12
Q

In which case was it unlawful for a police officer to arrest for a breach of the peace, as there was no threat of violence or damage in him refusing to leave his own property after his wife and children had barricaded themselves inside

A

Foulkes v Chief Constable of the Merseyside Police

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13
Q

What are the two elements of reasonable suspicion

A

an objectively verifiable ground and a subjective belief.

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14
Q

What did Hussein v Chong Fook Kam say about reasonable suspicion

A

it was said that gosspip is enough to form reasonable suspicion and that an evidential assumption is not required. ‘Suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking… suspicion can take into account matters that could not be put in evidence at all’

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15
Q

What happened in the case of Catorina v Chief Constable of Surrey

A

having only one likely suspect, contrary to authoritative reassurance, is enough to form reasonable suspicion of a lawful arrest. The fact that she had been recently dismissed and the nature of the crime was enough to amount to lawful suspicion that she was involved in the burglary.

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16
Q

In which case was it ruled lawful to arrest someone on the grounds of another police officer’s information

A

O’Hara v Chief Constable of Royal Ulter Constabulary

17
Q

In which case was it held that reasonable suspicion cannot not founded by a family link and a vague proximity to a terrorist

A

Raissi v Commissioner of Police of the Metropolis

18
Q

Which S of PACE sets out the procedural formalities

A

S 28

19
Q

Which case ruled that asking someone to go to the police station does not satisfy the requirements of S 28 (1) (must be told of the arrest as soon as it is practical)

A

Anderson v Booth

20
Q

Which case required that the arrest is told is simple non technical language

A

Taylor v CC of Thames Valley Police

21
Q

What did Teller hold

A

it was held that simply informing the claimant that he had been arrested for burglary was not sufficient to satisfy s 28(2), where the police knew the details of the offence, it should be told in the grounds of arrest.

22
Q

What was decided in Clarke v CC of N Wales

A

it is sufficient to tell someone they are under arrest for possession of illegal drugs, it is not necessary to classify the drugs.