Arrest Powers

Question 1

Power of arrest

Answer 1

s24 PACE covers arrest without warrant. Covers offences that are about to happen, in the process of happening or have happened. 1 or more necessity criteria must be met.

Question 2

ID COP PLAN

Answer 2

Investigation, disappearance, child, obstruction, physical injury, public decency, loss or damage [to property], address and name.

Question 3

Code G

Answer 3

The way in which power of arrest is implemented.

Question 4

Alternatives to arrest

Answer 4

PACE-compliant interviews away from police station, Penalty Notice for Disorder, street bail (increasingly rare)

Question 5

Information given upon arrest

Answer 5

That the person is under arrest and the reasons why (legal terminology should be avoided), caution (should be noted alongside time of arrest), explanation of why arrest is necessary. Any comment should be recorded and offered to suspect to sign.

Question 6

Other types of arrest

Answer 6

Arrest warrant - written authority to arrest issued by the courts. Citizen’s arrest - s24A PACE, only indictable offences, necessity can only be to prevent escape, prevent injury or prevent damage to property. Cannot arrest someone about to commit an offence. Must not be possible for police officer to carry out arrest.

Question 7

Exceptions to IDCOPPLAN

Answer 7

Drink driving, failing to answer police bail, breaching court bail, returning a child absconder, immigration offence under schedule 2, s136 Mental Health Act, breach of the peace under common law.

Question 8

Further powers

Answer 8

Force to arrest - s117 PACE. Arrest triggers: search of home (s18 PACE), search of their person and location prior to arrest (s32 PACE), the retention of property seized in relation to the offence (s19 PACE), ability to keep them incommunicado, fingerprint, photograph, drug test (all by force if needed, and subject to appropriate bail conditions if justified.