Police Powers- Arrest ๐Ÿ˜Š Flashcards

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1
Q

Where can arrest rules be found?

  • act
  • sections
  • code
A

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

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2
Q

2 types of arrest

A
  • arrest without a warrant

- arrest with a warrant (issued by magistrates)

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3
Q

Definition of arrest

A

To deprive a person of their liberty/ right to freedom

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4
Q

2 types of test for an arrest for police

A
  1. Reasonable suspicion

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

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5
Q

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

A

Section 110 of Serious organised crime and police act 2005

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6
Q

An example case of breach of peace

A

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

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7
Q

What is breach of the peace?

A

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

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8
Q

When can the police arrest someone?

A

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

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9
Q

Reasons to arrest someone under PACE section 24. X10

A
  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
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10
Q

Where can the rules for a citizens arrest be found?

A

Section 24A of PACE

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11
Q

Reasons for a citizens arrestโ€ฆโ€ฆ

A
  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
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12
Q

When can they arrest?
What can they arrest for?
Citizens arrestโ€ฆ..

A

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

Must be an indictable offence

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13
Q

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

A
  1. Must have reasonable grounds that can be explained to the courts if necessary
  2. Must be reasonably practicable if an officer isnโ€™t able to make the arrest himself
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14
Q

Additional powers to the police for arrest?

A

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

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