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z A2 Law - Police Powers > Power Of Arrest > Flashcards

Power Of Arrest Flashcards

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1
Q

Where are police powers of arrest contained?

A

S24 of pace 1984 Code G
Common law
Criminal justice and public order act 1994

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2
Q

How do the police obtain an arrest warrant?

A

The police must apply to a magistrate for an arrest warrant

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3
Q

On the application for an arrest warrant what details must be provided?

A

The name of the suspect and details of the offence

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4
Q

What power does an arrest warrant give?

A

The right to arrest a suspect and enter premises to arrest if needs be

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5
Q

Where is the arrest without a warrant procedure set out?

A

S24 of pace 1984 code G

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6
Q

What has amended s24 of the pace act 1984?

A

The serious and organised crime and police act 2005

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7
Q

How has the serious organised crime and police act 2005 amended s24 of the pace act?

A

Now the police can arrest for all offences. There’s no longer a distinction between arrestable and non-arrestable offences

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8
Q

What is set out in code g?

A

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

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9
Q

What are the grounds for making an arrest?

A

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

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10
Q

Who has to have reasonable grounds to believe the suspect is about to commit an offence (ect) and their arrest is necessary?

A

The Constable

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11
Q

What helps to establish if there’s reasonable grounds for believing the persons arrest is necessary?

A

The necessity test

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12
Q

What is in the necessity test?

A

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

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13
Q

What confirmed the two part test?

A

O’Hara v UK (2000)

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14
Q

What case happened in 2000?

A

O’Hara v UK (2000)

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15
Q

In what year was the case of O’Hara v UK?

A

2000

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16
Q

What happened in the case of O’Hara v UK (2000)?

A

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)

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17
Q

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?

A

S28 of pace 1984

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18
Q

How must the officer explain the arrest to the suspect?

A

Any words can be used, however there is a standard format available which most officers use.

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19
Q

What case is relevant to how an arrest must be conducted?

A

Taylor v Chief Constable of Thames Valley police (2004)

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20
Q

What is the case of Taylor v Chief Constable of Thames Valley police (2004) relevant too?

A

How a search must be conducted

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21
Q

What case happened in 2004?

A

Taylor v Chief Constable of Thames Valley police (2004)

22
Q

In what year did the case of Taylor v Chief Constable of Thames Valley police happen?

A

2004

23
Q

What happened in the case of Taylor v Chief Constable of Thames Valley police (2004)?

A

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.

24
Q

How can an arrest be carried out?

A

With or without a warrant

25
Q

What must the officer make a record of at the time of arrest or as soon after?

A

The nature and circumstances of the offence leading to the arrest
The reason why the arrest was considered necessary
The must confirm they have a caution
Record anything the suspect said at the time

26
Q

Where are the things the officer must record on arrest kept?

A

In a custody record

27
Q

What allows the police to use reasonable force to make an arrest?

A

S117 of pace 1984

28
Q

What does s117 of pace 1984 allow?

A

An officer to use reasonable force to make an arrest

29
Q

Where the powers of search on arrest contained?

A

S32 of pace 1984

30
Q

What does s32 of pace 1984 state?

A

That the police have the right to search a person who has been arrested for anything that might aid an escape or be relevant evidence. If the search is in public only outer clothing may be removed

31
Q

What has been in place since December 2005?

A

The police have been given the power to test for drugs on arrest

32
Q

Since when have police had the power to test for drugs on arrest?

A

December 2005

33
Q

What can fallen if a defendant refuses the drug test on arrest?

A

They can be refused bail or fined up to £2500

34
Q

Where are the powers of arrest set out?

A

Code G of the pace act 1984

35
Q

What powers of arrest do the police have under common law?

A

They can arrest an individual for breach of bail conditions and the breach of peace

36
Q

What allows an officer to arrest for breach of bail conditions and the breach of peace?

A

Power under common law

37
Q

Where can an individual be arrested for a breach of peace?

A

Private or public premises

38
Q

What case is relevant to breach of peace?

A

McConnell v Chief Constable of greater Manchester (1990)

39
Q

What is the case of McConnell v Chief Constable of greater Manchester (1990) relevant to?

A

That an individual can be arrested for a breach of peace on private property

40
Q

What case took place in 1990?

A

McConnell v Chief Constable of greater Manchester (1990)

41
Q

In what year was the case of McConnell v Chief Constable of greater Manchester?

A

(1990)

42
Q

What happened in the case of McConnell v Chief Constable of greater Manchester (1990)?

A

The defendant refused to leave the store when asked by the manager. A police officer took him outside and he attempted to re-enter. He was arrested for conduct whereby a breach of peace might be caused. The defendant later tried to sue the police saying the arrest was unlawful as it took place on public premises. The court of appeal held it could and that the arrest was lawful.

43
Q

What was the outcome of McConnell v Chief Constable of greater Manchester (1990)?

A

The defendant later tried to sue the police saying the arrest was unlawful as it took place on public premises. The court of appeal held it could and that the arrest was lawful.

44
Q

What act was created in 1994?

A

The criminal justice and public order act 1994

45
Q

In what year was the criminal justice and public order act created?

A

1994

46
Q

How did the criminal justice and public order act 1994 change the powers of police arrest?

A

It added extra power to pace 1984, now is s46a whereby the police have the power to arrest without a warrant a person who fails to return to the police station at a required time

47
Q

What is arrest by a private citizen?

A

Where a person other than the police can arrest without a warrant anyone who is committing an indictable offence

48
Q

How did the serious organised crime and police act 2005 act amend pace 1984?

A

It created s24 of pace that allows for anyone other than the police to arrest without a warrant if they have reasonable grounds to believe they are committing an indictable offence. They must have reasonable ground to believe this and believe that the arrest is necessary and it would be impracticable for an officer to make the arrest

49
Q

What is set out within s24 (as amended by the serious organised crime and police act 2005)?

A

That anyone other than the police to arrest without a warrant if they have reasonable grounds to believe they are committing an indictable offence or that they are in the act of committing the offence.

They must have reasonable ground to believe this and believe that the arrest is necessary and it would be impracticable for an officer to make the arrest

50
Q

What is necessary for a private citizens arrest?

A

They have objective evidence (seen someone committing an indictable offence)
Or reasonable grounds for believing someone to be committing an indictable offence
Believe the arrest to be necessary
Believe that it would be impracticable for an officer to make the arrest

51
Q

What does s46a of pace 1984 set out?

A

It give police the power to arrest without a warrant a person on bail who failed to return to the station at a required time

52
Q

What powers are contained within s32 of the pace act 1984?

A

Search on arrest

z A2 Law - Police Powers (5 decks)

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