Arrest Flashcards
Do you need a warrant in order to arrest someone?
No, an arrest can be made with or without a warrant
What power must be present in order for an arrest to be lawful
The power to arrest
Where is your power of arrest derived from when arresting with a warrant?
The warrant itself
What are the two criteria for arrest without a warrant?
The commission of an offence, and the necessity to arrest
Define the commission of an offence for the purpose of arrest
the constable may arrest anyone who he reasonably believes has committed, is committing or has committed an offence
What section of PACE covers commission of an offence?
s24(1)-(3)
How many different necessity grounds are there?
6
what section of PACE covers the necessity grounds?
s24(5)
List the 6 necessity criteria
- to ascertain name and address
- to protect a vulnerable person
- to prevent criminal damage
- to prevent them injuring themselves or others
- they have committed an offence against public decency
- to allow for the prompt investigation of the crime.
What information should the suspect receive on his arrest?
that he is under arrest and the reason for his arrest. should also be cautioned
What section of PACE tells us what information should be given on arrest?
s28 PACE
When can non-constables perform an arrest?
When an indictable (or either way) offence is being committed or has been committed.
Which legislation outlines the caution?
Code C 10.4
What is the caution?
You do not have to say anything but it may harm your defence if you fail to mention something which you later rely on in court.
What are the consequences of the caution not being given?
The arrest will still be lawful but there may be evidential consequences.
