Arrest & DeArrest

Question 1

What is not a lawful arrest?

Answer 1

Under Sec 28 PACE & Code G (Codes of Practice) an arrest is not lawful unless at
the time, or as soon as practicable (the officer) informs the person they are under
arrest

Question 2

Lawful arrest?

Answer 2

Information to be given:
That they are under arrest (even if it is obvious)
The grounds for the arrest
(offence for which they have been arrested)
AND
The Necessity for the arrest
Caution - ‘When Questioned’

Question 3

Use of force - section 117 PACE 1984

Answer 3

Section 117 of the Police and Criminal Evidence Act 1984 provides that a
constable can use reasonable force, if necessary, in the exercise of any power
under this Act

Question 4

use of force - s3 criminal law act 1967

Answer 4

S3 Criminal Law Act 1967 states that a person may use such force as is reasonable
in the circumstances in
• the prevention of crime, or
• in effecting or assisting in the lawful arrest of offenders or suspected offenders or
• in effecting or assisting in the lawful arrest of persons unlawfully at large.
(This power can be used by any person)

Question 5

De-arresting - sec30(7) PACE 1984

Answer 5

A person arrested by a constable at a place other than
a police station shall be released without bail if a
constable
is satisfied at the time before the person reaches a
police station that there are no grounds for keeping
him or her under arrest or releasing him/her on bail.
The constable must record the fact that this has
happened’.
Sec 30(7) PACE 1984

Question 6

4 ways a person can be brought to court?

Answer 6

• By Postal Charge Requisition
• By summons
• By arrest on warrant
• By arrest without a warrant