Lecture 16 - arrest, detention and questioning

Question 1

what are the general rules for arrest

Answer 1

• a person will be under arrest if its made clear that he is not free to go.
• under PACE 1984 s28 a person must be told he is arrested and the grounds for his arrest either at the time or as soon as is practicable

Question 2

what is arrest with a warrant

Answer 2

when the magistrate gets info they may issue a warrant for the arrest of a person. the offence must be indictable or punishable with imprisonment

Question 3

what is arrest without a warrant

Answer 3

this happens in situations where: common law power of arrest for breach of the peace, arrest for arrestable offences, arrest under general arrest conditions, miscellaneous powers e.g for fingerprinting

Question 4

what impact did the serious organised crime and police act 2005 have

Answer 4

made all offences arrestable subject to a necessity test.
1. a constable may arrest without a warrant if a) anyone who is about to commit an offence b) anyone who is in the act of committing an offence c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence d) anyone whom he has reasonable grounds for suspecting to be committing an offence

Question 5

where are the rights for detention covered

Answer 5

code c

Question 6

how does the cps decide whether or not to prosecute

Answer 6

they look at the code for crown prosecutors which is a 2 stage test
1. the evidential test - this requires that there be a realistic prospect of conviction against each defendant
2. the public interest test - the code lists public interest factors in favour of prosecution