Power Of Arrest - Section 24 PACE 1984 Flashcards
A lawful arrest requires 2 elements?
1) A persons involvement or suspected involvement or attempted involvement in the commission of an offence.
2) Reasonable grounds for believing that the persons arrest is necessary.
Reasonable grounds must be based on …?
Objective facts
Persons behaviour
The time and or place
Property they are carrying
Information from a witness
When can a constable arrest?
When someone is
About to commit
In the act of committing
Whom he had reasonable grounds for suspecting to be about to commit an offence
Whom he has reasonable grounds for suspecting to be committing an offence
Where he has reasonable grounds for suspecting that an offence has been committed and whom he has reasonable grounds to suspect that the person is guilty of it.
Give examples of preserved powers?
Powers in relation to bail act
Drink driving
Mental health act
HM Forces went AWOL
What three ways are there for getting a person to court?
Arrest with warrant
Arrest without warrant
By summons
