Police powers and Articles 5 & 6

Question 1

Article 5.1 ECHR says deprivation of liberty can take place (when prescribed by law) in which situations?

Answer 1

(a) After conviction
(b) After non-compliance with a court order, or to secure compliance with an obligation prescribed by law
(c) To bring a person to trial when there is reasonable suspicion of having committed an offence, or to prevent him committing an offence, or fleeing after having done so
(d) A minor detained for educational supervision
(e) For the prevention of infectious diseases; persons of unsound mind; alcoholics or drug addicts; vagrants
(f) To prevent unauthorised entry into a country; or for the purposes of deportation or extradition

Question 2

Article 5.2 says…

Answer 2

“Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.”

Question 3

Article 5.3 says…

Answer 3

A person has to be brought before a judge promptly, and tried within a reasonable time, or released pending trial

Question 4

Article 5.4 says…

Answer 4

A detained person must be able to challenge the lawfulness of their detention promptly, and be released if detention found to be unlawful

Question 5

Article 5.5 says…

Answer 5

If a person has been subject to arrest or detention contrary to Article 5, they are entitled to compensation

Question 6

Where are the police’s statutory powers of arrest without a warrant set out?

Answer 6

PACE 1984 s24

Question 7

When can the police arrest someone without a warrant?

Answer 7

When they have reasonable grounds to believe an offence

(1) Is being committed
(2) Is about to be committed
(3) Has been committed

AND it’s for the purpose of something mentioned in s24(5)

Question 8

What are the purposes for which a police officer may arrest someone without a warrant under PACE s24?

Answer 8

There must be reasonable grounds to consider arrest necessary in order to:

• Ascertain their name or address
• Prevent them causing physical injury to himself or another (or suffering physcial injury)
• Prevent them causing damage to property
• Prevent the obstruction of a highway
• Allow the prompt and effective investigation of the offence or of the conduct of the suspect
• Prevent prosecution from being hindered by their disappearance
• Prevent them committing an offence of public decency, where others can’t avoid them
• Protect a child or other vulnerable person

Question 9

How is breach of the peace defined in R v Howell (1982)

Answer 9

“Whenever harm is actually done or is likely to be done to a person (or, in his presence, to his property), or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance”

Question 10

What does s28 PACE 1984 say?

Answer 10

A person must be informed that they are under arrest, and on what grounds, at the time of or as soon as is practicable after the arrest.

Question 11

What are the provisions on the use of force in PACE, and in what section?

Answer 11

PACE 1984 s117: An officer may use reasonable force to carry out a power under PACE

Question 12

What to look out for to ensure an arrest is lawful?

Answer 12

s24(1)-(3): Must be RG2B an offence was/is/will be committed
s24(5): Must be RG2B arrest is necessary for certain purposes
s28: Person must be informed they are under arrest and on what grounds, at the time or as soon as reasonably practicable
s30: Person must be taken to police station as soon as practicable
s117: Any use of force must be reasonable

Question 13

How long can a person be detained for without being charged, initially?

Answer 13

24 hours

Question 14

When can detention be extended to 36 hours?

Answer 14

• Must be authorised by a superintendent or above
• RG2B it’s an indictable offence
• Detention without charge is necessary to secure or preserve evidence, or obtain evidence by questioning person
• The investigation is being conducted diligently and expeditiously

Question 15

What is the overall maximum period of detention, including extensions authorised by a magistrate?

Answer 15

96 hours

Question 16

What are the detention time limits in terrorism cases?

Answer 16

Initial period by police: 48 hours
Court extentions: for up to 14 days

Question 17

Roberts v Chief Constable of Cheshire Constabulary [1999]

Answer 17

A person may claim damages for unlawful imprisonment when there has been a failure to review their detention at the right times, even if the review wouldn’t have led to them getting out

Question 18

How often does detention need to be reviewed?

Answer 18

The first review must be within 6 hours, and subsequent reviews every 9 hours

Question 19

What are two main rights of a detained person, and from what sections of PACE do they come from?

Answer 19

s56: The right to have someone informed of arrest
s58: The right to legal advice

Question 20

How does PACE 1984 define a “confession”?

Answer 20

s82(1): “Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not, and whether made in words or otherwise”

Question 21

When are confessions inadmissible?

Answer 21

When it was obtained in consequence of:
s76(2)(a): Oppression
s76(2)(b): Anything said or done which was likely to render the confession unreliable (discretionary power)

Question 22

Which sections of PACE 1984 relate to the exclusion of evidence, and what do they say?

Answer 22

s76: Confessions obtained by “oppression” or any means likely to make them unreliable

s78: Any can evidence can be excluded if it would have an adverse effect on the fairness of proceedings

Question 23

When can there be a delay to an arrested person’s right to have someone informed of their arrest?

Answer 23

Under s56, when (1) It’s an indictable offence and (2) An inspector authorises it, when there is reason to believe that telling the specific named person of the arrest will lead to:

(a) interference with evidence,
(b) harm to other persons,
(c) the alerting of co-conspirators, or
(d) the recovery of stolen property

And only for max. 36 hours