Power Of Arrest Flashcards
Where are police powers of arrest contained?
S24 of pace 1984 Code G
Common law
Criminal justice and public order act 1994
How do the police obtain an arrest warrant?
The police must apply to a magistrate for an arrest warrant
On the application for an arrest warrant what details must be provided?
The name of the suspect and details of the offence
What power does an arrest warrant give?
The right to arrest a suspect and enter premises to arrest if needs be
Where is the arrest without a warrant procedure set out?
S24 of pace 1984 code G
What has amended s24 of the pace act 1984?
The serious and organised crime and police act 2005
How has the serious organised crime and police act 2005 amended s24 of the pace act?
Now the police can arrest for all offences. There’s no longer a distinction between arrestable and non-arrestable offences
What is set out in code g?
Police powers of arrest and that a lawful arrest requires two elements:
The arrest must be necessary
Reasonable grounds to believe the suspect has, is about to or is committing an offence
What are the grounds for making an arrest?
The Constable must have reasonable grounds to believe the person is committing, has committed or is about to commit a criminal offence
And there must be reasonable grounds for believing the persons arrest is necessary
Who has to have reasonable grounds to believe the suspect is about to commit an offence (ect) and their arrest is necessary?
The Constable
What helps to establish if there’s reasonable grounds for believing the persons arrest is necessary?
The necessity test
What is in the necessity test?
To prevent the suspect causing physical injury to himself or another person
To prevent the loss of or damage to a property
To prevent unlawful obstruction of the highway
To protect a child or other vulnerable person
To allow a prompt and effective investigation
To prevent the prosecution from being hindered by the persons disappearance
What confirmed the two part test?
O’Hara v UK (2000)
What case happened in 2000?
O’Hara v UK (2000)
In what year was the case of O’Hara v UK?
2000
What happened in the case of O’Hara v UK (2000)?
It confirmed the two part test for reasonable suspicion. The Constable must have actual suspicion (subjective) and there must be reasonable grounds for that suspicion (objective)
Where does it set out that the reason for arrest must be known at the time of the arrest or as soon as is reasonably practicable?
S28 of pace 1984
How must the officer explain the arrest to the suspect?
Any words can be used, however there is a standard format available which most officers use.
What case is relevant to how an arrest must be conducted?
Taylor v Chief Constable of Thames Valley police (2004)
What is the case of Taylor v Chief Constable of Thames Valley police (2004) relevant too?
How a search must be conducted
What case happened in 2004?
Taylor v Chief Constable of Thames Valley police (2004)
In what year did the case of Taylor v Chief Constable of Thames Valley police happen?
2004
What happened in the case of Taylor v Chief Constable of Thames Valley police (2004)?
It was held a person needs to be told in simple, non technical language about their arrest. The defendant tried to claim the language was too complex when the officer said ‘I am arresting you on suspicion of violent disorder April 18th 1998 at Hillgrove farm’. The court of appeal held the language was understandable and the arrest was lawful.
How can an arrest be carried out?
With or without a warrant
