Police Powers: Arrest

Question 1

Arrest governed by …

Answer 1

CODE G S24 PACE amended by S110 SOCPA. allows police arresting without a warrant if theirs reasonable suspicion that a offence has been committed, is being committed or is about to be committed

Question 2

reasonable sus defined in …

Answer 2

Defined in O’HARA as “ not necessarily clear cut out grounds for prosecution but suspicion enough to justify investigation”

Question 3

Arrest must also be justified under s24(5) (APPLY TO THE ONE IN PROBLEM)

Answer 3

1) Determine true name/address
2) prevent S from harming themselves/another
3) Prevent offences of public decency/obstruction of highway
4) protect a child/vulnerable person
5) Allow effective investigation of suspected offence
6) Prevent S from disappearing/hindering prosecution

Question 4

Conduct (2 points)

Answer 4

• police must inform the S they are under arrest and the grounds that TAYLOR V CC THAMES VALLEY POLICE held no need special language as long as suspect in a understandable way
• Police should caution the suspect and under S30, suspect should be taken too police station ASAP