Necessity Test for an Arrest

Question 1

What is the caution on arrest?

Answer 1

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something in which you later rely on in court. Anything you do say may be given in as evidence”.

Question 2

Under Section 24 (5) of PACE, what is reason ‘A’ for an arrest?

Answer 2

To enable the name and address of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the persons name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name)

Question 3

Under Section 24 (5) of PACE, what is reason ‘B’ for an arrest?

Answer 3

Correspondingly as regards the persons address

Question 4

Under Section 24 (5) of PACE, what is reason ‘C’ for an arrest?

Answer 4

To prevent the person in question -

(i) causing injury to himself or any other person
(ii) suffering physical injury
(iii) causing loss of or damage to property
(iv) committing an offence against public decency
(v) causing an unlawful obstruction of the public highway

Question 5

Under Section 24 (5) of PACE, what is reason ‘D’ for an arrest?

Answer 5

To protect a child or other vulnerable person from the person in question

Question 6

Under Section 24 (5) of PACE, what is reason ‘E’ for an arrest?

Answer 6

To allow a prompt and effective investigation of the offence or of the conduct of the person in question.

Question 7

Under Section 24 (5) of PACE, what is reason ‘F’ for an arrest?

Answer 7

To prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

Question 8

What are the grounds that you need to use ‘prompt and effective investigation’? (S.24 (5) Code E)

Answer 8

• Has made a false statement;
• Has made statements which cannot be readily verified;
• Has presented false evidence;
• May steal or destroy evidence;
• May make contact with conspirators;
• May intimidate or threaten or make contact with witnesses

If in connection to an indicatable offence, there is an operational need to:

• Enter and search any premises occupied or controlled by a person
• Search the person
• Prevent contact with others
• Take fingerprints
• Ensuring compliance with statutory drug testing requirements