Arrest - Defined

Question 1

When does arrest occur What is a necessary element

Answer 1

1. When a person is restrained with the intention of depriving that person of their liberty
2. Compulsion is a necessary element - person must recognise that he is under compulsion to comply with direction of PO

Question 2

When is a suspect not under arrest

Answer 2

When the suspect mistakenly assumes request from PO is a command or order to be obeyed.

Case law: O’Donoghue (1988) Did the PO convey plainly to the crook that he was under arrest and that he was not free to leave. If the suspect formulated this opinion on his own that the PO requests were a command then the PO did not convey enough that the crook was under arrest therefore any admissions/confessions made were involuntary and becomes inadmissible.