Arrest - Re-arrest Flashcards
1
Q
Is an arrest power exhausted once exercised
A
No Exemplified by Michaels v The Queen (1995)
Supported by
- Corrections Act 1986 s.41
- Magistrates Court Act 1989 s.61
2
Q
When re-arresting what should be taken into consideration
A
- The purpose of the arrest
- is it to obtain a further confession that differs from an earlier one.
- Such gathering of evidence will most likely be seen as unfair to the accused by the courts
