Police Powers- Arrest 😊

Question 1

Where can arrest rules be found?

• act
• sections
• code

Answer 1

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

Question 2

2 types of arrest

Answer 2

• arrest without a warrant

- arrest with a warrant (issued by magistrates)

Question 3

Definition of arrest

Answer 3

To deprive a person of their liberty/ right to freedom

Question 4

2 types of test for an arrest for police

Answer 4

1. Reasonable suspicion

2. Necessity test- is it necessary to arrest them?

Question 5

Which Act can now be found as Section 24 of PACE?

Answer 5

Section 110 of Serious organised crime and police act 2005

Question 6

An example case of breach of peace

Answer 6

Bibby VS chief Constable of Essex police- breach of peace law

Question 7

What is breach of the peace?

Answer 7

It is a common law that must present a threat to the peace

Question 8

When can the police arrest someone?

Answer 8

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

Question 9

Reasons to arrest someone under PACE section 24. X10

Answer 9

1. To prevent the escaping of a potential threat
2. To detain them for further questioning
3. To protect a vulnerable person
4. To allow a prompt investigation
5. 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
6. To get the address ( same as name)
7. 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

Question 10

Where can the rules for a citizens arrest be found?

Answer 10

Section 24A of PACE

Question 11

Reasons for a citizens arrest……

Answer 11

1. To prevent physical injury to himself or others
2. To prevent loss or damage to property
3. To prevent him from making off before a constable can gain responsibility for him

Question 12

When can they arrest?
What can they arrest for?
Citizens arrest…..

Answer 12

Can arrest someone past, present and future for an offence
Must either witness it or have reasonable grounds

Must be an indictable offence

Question 13

2 tests to see if an arrest is allowed for a citizens arrest.

Answer 13

1. Must have reasonable grounds that can be explained to the courts if necessary
2. Must be reasonably practicable if an officer isn’t able to make the arrest himself

Question 14

Additional powers to the police for arrest?

Answer 14

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