Police Powers to Arrest

Question 1

When was S.24 of PACE amended

Answer 1

S.24 PACE as amended by s.110 Serious Organised Crime and Police Act 2005 (SOCPA)

Question 2

What is CODE G

Answer 2

CODE G

Code of Practice G gives guidelines for arrest under s.24. It stresses that a lawful arrest requires two elements:

A person’s involvement or suspected involvement or attempted involvement
AND
Reasonable grounds for believing that the person’s arrest is necessary.

Question 3

When can a person be arrested ?

Answer 3

The police have the power to arrest a person for any offense (s.24 PACE amended) as long as one of the following criteria is fulfilled:

Question 4

What are the Four possible our requirements needed in order for the police to have the power to arrest a person.

Answer 4

An Offense has been committed (PAST) or

May be committing an offense (PRESENT) or

Is about to be committed (FUTURE)

AND

there are reasonable grounds for suspecting one of the above (even if no offense is actually committed).

Question 5

What does the necessity test do

Answer 5

limits the powers of arrest

Question 6

What are the 7 reasons that have to occur for an arrest ?

Answer 6

To enable the name and address of suspect to be ascertained

To prevent physical injury loss or damage to property

Due to causing an offense against public decency

Obstructing the highway

To allow effective investigation of the offense

To protect a vulnerable person or

To prevent any prosecution being hindered by the disappearance of the person in question

Question 7

Name the Limitation the police have

Answer 7

The police officer has to have reasonable grounds for suspecting that the arrest is necessary (it must fufill the necessity test).

Question 8

What is a Arrest procedure

Answer 8

Police must tell a person at the time of arrest, or as soon as practicable afterward

Question 9

what is the procedure needed for an arrest

Answer 9

why they are under arrest (the reason) eg you’re nicked for theft mate’

why the arrest is necessary

give a caution

Identify themselves if not in uniform to make the arrest lawful

Must make a record of the arrest

Take you to the nearest police station asap

Question 10

When may Reasonable force be used?

Answer 10

refers to a belief or suspicion based on significant facts and circumstances that would lead a reasonable person to conclude that a crime has occurred , is occurring ,or is about to occur.This suspicion must be on objective and articulable facts rather than mere speculation or gut feeling.

Question 11

When may an arrested person be searched ?

Answer 11

Arrested person may be searched for:

Anything that may help them escape.

Anything which might be evidence relating to offense.

If in a public place only outer clothing can be removed (as in stop and search).

Question 12

What are the Other Powers of Arrest

Answer 12

• Arrest for breaching police bail e.g. Fails to attend the police station to sign on as part of a bail condition.
• Arrest for breach of the peace – this is a common law right. This can be on public or private property. Only in certain situations – see Bibby v Chief Constable of Essex Police (2000).
• Arrest with a warrant – under s.1 Magistrates Court Act 1980. This will allow the police to enter a suspect’s home to arrest.