Police Powers Flashcards
rrest without warrant (s.24 Police and Criminal Evidence Act and Code G of the act)
Under PACE Code G two elements must be satisfied for the arrest under s.24 to be lawful
Points to prove:
1. Involved, suspected to be involved in a criminal offence
2. Reasonable ground that the arrest is necessary
Reasonable Grounds for Suspicion
The officer making the arrest must have reasonable suspicion that an offence has been committed and that the suspect has committed the offence. Points to prove: 1. Reasonable conclusion 2. Grounds for the thought to exist 3. Suspect that something is true 4. Believe the person is responsible
Reasons that make an arrest ‘necessary’
- To ascertain a person’s name
- To ascertain a person’s address
- To prevent injury, damage, indecency, or obstruction
- To protect a vulnerable person
- To ensure a prompt investigation; or
- To prevent a suspect disappearing
Warrants of Arrest
Reasons for warrant of arrest:
- Payment of fines
- Appear at court
- Answer bail
- Witness to attend at court
Making an Arrest
- Prepare to make an arrest if possible
- Carry out a risk assessment prior to planned arrest
- Powers of entry to carry out an arrest
- Information to be given on arrest
- Use of force during an arrest
- What to do after an arrest
- De-arrest of a suspect
Presenting to custody
- Detainee’s rights following arrest
- The relevant time
- Searching the detainee
Section 32 of PACE Act 1984
A search under s.32 of PACE is carried out following the arrest of a person for an indictable offence.
What s.32 allows:
1. The search of the person following arrest
2. The search of the location/premises where the arrest took place
3. The search of the location/premises immediately before the arrest
Section 18 of PACE Act 1984
A search under s.18 of PACE allows the search of other premises occupied or controlled by the person arrested for an indictable offence.
What s.18 allows:
1. The search must be for evidence of the indictable offence the person has been arrested for.
2. Application can be sought for any premises occupied or controlled by the suspect.
3. Written authority is obtained from an Inspector.
Search Warrants – Section 8 of PACE act 1984
This warrant allows you to search a premises/vehicle or land for evidence of criminal activity
Section 8 Warrant provisions:
1. Granted by Justice of the Peace or Judge
2. There must be reasonable grounds to believe that an indictable offence has been committed
3. It is not practicable to communicate with a person entitled to grant entry
4. Entry to the premises would not be granted without a warrant
5. The purpose of the search may be frustrated or prejudiced unless a constable can secure immediate
entry
Section 17 of PACE Act 1984
This power gives officers the authority to enter any premises in order to either arrest people for certain offences, recapture people in certain circumstances, save life or limb, or to protect property from serious damage.
s1(1) of the Criminal Attempts Act 1981.
- The person does an act that is more than merely preparatory
- The attempted offence must be indictable
- The suspect must have the intent to commit the full offence
- Take part in a series of acts which will lead to the committing the full offence
- Carry out all the elements of the offence
Conspiracy
s.1 of the Criminal Law Act 1977
- Has to be two or more people
- Intended victim of the crime cannot be guilty of conspiracy
- Husband and wife cannot be guilty if they are the only parties involved
- Need to prove pursuit of a common purpose
S44 Serious crime act
- Intentionally encouraging or assisting an offence
s.45 and 46 of the Serious Crime Act
Believing one of more offences will be committed
Possible defences to encouraging or assisting offences
Defendant must prove that it was reasonable for them to act the way they did, s.50 of the Serious Crime Act
- Prevention and detection of crime
- Assist in a minor offence to prevent a more serious offence being committed
- Impossible for the main crime to be committed
