Police Powers- Arrest ๐ Flashcards
Where can arrest rules be found?
- act
- sections
- code
Police and Criminal Evidence Act 1984- used to be section 110 of Serious Organised Crime and Police Act
Sections 24 and 24A
Code of practice G
2 types of arrest
- arrest without a warrant
- arrest with a warrant (issued by magistrates)
Definition of arrest
To deprive a person of their liberty/ right to freedom
2 types of test for an arrest for police
- Reasonable suspicion
2. Necessity test- is it necessary to arrest them?
Which Act can now be found as Section 24 of PACE?
Section 110 of Serious organised crime and police act 2005
An example case of breach of peace
Bibby VS chief Constable of Essex police- breach of peace law
What is breach of the peace?
It is a common law that must present a threat to the peace
When can the police arrest someone?
Past- if they believe you have committed an offence
Present- if you are in the midst of committing an offence
Future- if they believe you will commit an offence in the near future
They may arrest just on reasonable suspicion
Reasons to arrest someone under PACE section 24. X10
- To prevent the escaping of a potential threat
- To detain them for further questioning
- To protect a vulnerable person
- To allow a prompt investigation
- To get the name of the person in question if they believe a false name has been given, a name cannot be gained or will not be given
- To get the address ( same as name)
- To prevent the person physically injuring himself or others, causing loss or damage to property, committing public indecency and to prevent unlawful obstruction of the highway
Where can the rules for a citizens arrest be found?
Section 24A of PACE
Reasons for a citizens arrestโฆโฆ
- To prevent physical injury to himself or others
- To prevent loss or damage to property
- To prevent him from making off before a constable can gain responsibility for him
When can they arrest?
What can they arrest for?
Citizens arrestโฆ..
Can arrest someone past, present and future for an offence
Must either witness it or have reasonable grounds
Must be an indictable offence
2 tests to see if an arrest is allowed for a citizens arrest.
- Must have reasonable grounds that can be explained to the courts if necessary
- Must be reasonably practicable if an officer isnโt able to make the arrest himself
Additional powers to the police for arrest?
Criminal justice and public order act 1994
Added an additional section to 46A of PACE- police can arrest anyone without warrant for breach of bail