Police Powers - Arrest Flashcards
What act covers arrest without a warrant?
What was this act later amended by?
s24 PACE
s110 SOCPA 2005
What act covers arrest without a warrant?
What was this act later amended by?
s24 PACE
s110 SOCPA 2005
Under s24(5) a constable must have reasonable grounds for believing it is necessary to arrest the person for reasons given in s24(5). What are these grounds?
a) To enable the name of the person in question to be ascertained (where it is not known)
b) to enable the address of the person to be ascertained
c) to prevent the person in question-
(i) causing physical 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; or
(v) causing an unlawful obstruction of the highway
d) To protect a child or other vulnerable person from the person in question
e) to allow the person and effective investigation of the offence or of the conduct of the person in question
f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
What is the code of practice G?
What act and what right does the code of practive G recognise?
What case ECtHR confirmed the two part test for “reasonable suspcion”?
What is the two part test?
Governs the power of arrest and states that the power of arres must be justified and police must prove it was neccesary. Police should consider if their objectives can be met in another way
Human rights Act 1998 and the right to liberty
O’hara v UK
Officer must have actual suspicion (subjective) and this suspicion must have reasonabe grounds (objective)
What is section 28 PACE?
For an arrest to be valid, certain procedural elements must be followed and the suspect must be told in acccesible language they are being arrested
What is Code C PACE?
The suspect must be cautioned on arrest: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence”
What is section 32 PACE?
A constable may search an arrested person at a place other than a police station if they have reasonable grounds for believing that the arrested person may present a danger to themselves or others, are in possession of evidence or present a danger
