Lawful Authority

Question 1

Statutory

Answer 1

Pace arrest powers: s 24, s 24a

Question 2

Mental health act

Answer 2

Detention and treatment for mental health disorders and contagious diseases

Question 3

Common law

Answer 3

Power to arrest to prevent breach of the peace

Question 4

What about force used?

Answer 4

Force used in the exercise of lawful authority should be reasonable and proportionate

Question 5

Browne v Commissioner of Police of the Metropolis

Answer 5

C is a bodyguard of a comedian (Fielding).

The police suspect Fielding of using drugs, seek to arrest him and his bodyguard.

During C’s arrest he suffers a number of injuries including a broken leg. Even if there were reasonable grounds for suspicion to arrest, was reasonable force used?

The Court held: no, not on the evidence presented. This also applies to using police dogs or horses to carry out arrests, dogs or horses can only be used as so far in reasonable and proportionate.