Arrest A01 Flashcards
Legislation
s.24 PACE and s.110 SOCPA → supplemented by Code G
For an arrest to be lawful
police must have ‘reasonable suspicion’ and consider it ‘necessary’
s.24(1) PACE allows officers to arrest WITHOUT a warrant if:
(a) know they are about to commit
(b) know they are in the act of committing
(c) reasonable grounds they are about to commit
(d) reasonable grounds they are in the act of committing
necessity test
must have reasonable grounds to arrest a suspect lafully
(must be an objective basis for one of the reasons not based on previous convictions alone)
Power to arrest can occur for one of the following reasons:
- to allow for a prompt and effective investigation
- to find a name or adress
- to prevent self harm, injury, damaging property, obstructing a highway, public indecency
- to prevent a suspect disappearing
- to protect a child or vulnerable person
Code G safeguards - police must identify themselves and tell the person:
- they are under arrest
- the reason
- why it is neccessary
- give a caution
police must make a
record of the arrest at the time or ASAP
reasonable force
s.117 → can use reasonable force to arrest
Criminal Justice and Public Order Act
allows for arrest without warrant for:
- Breach of the peace
- Breach of bail