Arrest Flashcards
What are the necessary elements for making an arrest
• 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
Which case held that it is an offence to try and escape from lawful custody following an arrest
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.
Which case indicated that to escape from lawful custody the person in question must know that the have actually been arrested
R v Dillon: Dhillion was not guilty of escaping lawful custody after leaving a hospital on his own following an X-ray.
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
S 3 of the Criminal Law Act
What does S 1 of the Magistrates’ Court Act say
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.
Which S of PACE gives constables powers of arrest without a warrant
S 24
Is the general power of arrest broad
yes
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
hayes v CC of Merseyside Police
What does S 24 A provide
allows people other than constables to arrest someone who is committing an indictable offence or who has committed an indictable offence
A citizen however may not know exactly what an indictable offence is, what is done about this
S 24 A classifies either way offences as indictable offences, this prevents claims of false imprisonment
Arrest w/o a warrant. Which case defines what a breach of the peace is
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
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
Foulkes v Chief Constable of the Merseyside Police
What are the two elements of reasonable suspicion
an objectively verifiable ground and a subjective belief.
What did Hussein v Chong Fook Kam say about reasonable suspicion
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’
What happened in the case of Catorina v Chief Constable of Surrey
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.
In which case was it ruled lawful to arrest someone on the grounds of another police officer’s information
O’Hara v Chief Constable of Royal Ulter Constabulary
In which case was it held that reasonable suspicion cannot not founded by a family link and a vague proximity to a terrorist
Raissi v Commissioner of Police of the Metropolis
Which S of PACE sets out the procedural formalities
S 28
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)
Anderson v Booth
Which case required that the arrest is told is simple non technical language
Taylor v CC of Thames Valley Police
What did Teller hold
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.
What was decided in Clarke v CC of N Wales
it is sufficient to tell someone they are under arrest for possession of illegal drugs, it is not necessary to classify the drugs.
