PACE pt 2

Question 1

what do police powers of arrest refer to?

Answer 1

any offence

Question 2

when can a civilian make an arrest?

Answer 2

indictable offences

Question 3

test for power of arrest?

Answer 3

test of necessity

Question 4

what governs arrest without warrant for officers?

Answer 4

s.24A

Question 5

What if someone is under arrest at a police station and it appears that if released he would be arrested for another offence?

Answer 5

person must be arrested for that offence

Question 6

when does breach of the peace occur?

Answer 6

1. when HARM is actually done is is likely to be done to a PERSON
   in his presence
   to his PROPERTY
2. person is in FEAR of being harmed through ASSAULT, AFFRAY, RIOT, UNLAWFUL ASSEMBLY OR DISTRUBANCE

Question 7

When does a common law power of arrest arise for a person (constable or civilian)?

Answer 7

1-BREACH OF PEACE committed in his presence

2-person doing arrest believes such a breach will occur in IMMEDIATE FUTURE

3. BREACH OF PEACE COMMITTED or person BELIEVES breach has occurred + a FURTHER BREACH will occur

Question 8

what is test for determining if arrest was reasonable?

Answer 8

reasonable belief test

Question 9

what is the reasonable belief test?

Answer 9

objective requirement
consider all circumstances
was the belief reasonable when making arrest?

Question 10

what if there is a reasonable apprehension of an imminent breach?

Answer 10

can take preventive action

Question 11

what must the preventive action be?

Answer 11

reasonable
necessary
proportionate

Question 12

what authorises arrest under warrant?

Answer 12

Magistrates Court Act 1980

Question 13

what does s.1 MCA do?

Answer 13

empower justice to issue a warrant

Question 14

on what basis will a warrant be issued?

Answer 14

person has (suspected) commit an offence

Question 15

can a warrant be endorsed for bail?

Answer 15

yes

Question 16

what happens if warrant is endorsed for bail?

Answer 16

warrant specifies the amounts in which sureties are to be bound

Question 17

what happens if bail is granted with sureties?

Answer 17

release offender

if sureties enter into recognizances in accordance with endorsement

Question 18

what happens with recognizance?

Answer 18

offender must appear at mags at time + place in recognizance

Question 19

what is needed to issue a warrant for the arrest?

Answer 19

1. offence must be indictable or punishable by prison

2. don’t have their address to establish a summons to be served on him

Question 20

when can mags issue a warrant for arrest for non-appearance before mags?

Answer 20

1. offence is punishable by prison

2. court proposes disqualification

Question 21

when is consent of DPP needed for warrant?

Answer 21

private prosecution for certain offences

Question 22

what does s.13 MCA do?

Answer 22

power to issue warrant for person failed to appear to answer a SUMMONS

Question 23

What if indictment has been signed but person has not been sent for trial?

Answer 23

CC MAY issue a summons

MAY issue a warrant for his arrest

Question 24

what does CC summons do?

Answer 24

require them to appear before CC

Question 25

what if someone has entered into recognizance and failed to appear at CC?

Answer 25

CC MAY issue a summons

MAY issue a warrant for his arrest

Question 26

what if warrant for arrest is endorsed by bail?

Answer 26

police officer has same duties as in parrellel case

Question 27

what if someone is arrested and it is anticipated they may be need to detained for more than 6 hours?

Answer 27

take to police station under s.35

Question 28

how many custody officers needed at designated police station?

Answer 28

at least one

Question 29

requirement for custody officer?

Answer 29

at least a sergeant

Question 30

what if no custody officer available?

Answer 30

another officer may perform role

Question 31

when can person be detained after arrest?

Answer 31

on authority of custody officer

Question 32

when can person detained be released?

Answer 32

on authority of custody officer