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Law Unit 3 Police Powers Activity 1 > Power To Arrest > Flashcards

Power To Arrest Flashcards

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1
Q

What is the main purpose of police arrest powers?

A

To protect the public and prevent crime.

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2
Q

What legislation outlines police arrest powers?

A

The Police and Criminal Evidence Act (PACE) 1984, specifically Section 24.

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3
Q

How were arrest powers changed in 2005?

A

Amendments under the Serious Organised Crime and Police Act (SOCPA) 2005 allowed arrest for any offense, not just ‘arrestable’ offenses.

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4
Q

What section of PACE covers the powers of arrest for any offense?

A

Section 24 of PACE, as amended by SOCPA 2005.

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5
Q

What is required for a lawful arrest under PACE and Code G?

A

Involvement or suspected involvement in an offense and reasonable grounds for believing that the arrest is necessary.

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6
Q

When can the police arrest someone under PACE?

A

If an offense has been, is being, or is about to be committed, or if they reasonably suspect involvement.

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7
Q

What is meant by an offense committed in the past?

A

An offense that has already occurred and is under investigation.

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8
Q

What does ‘present’ mean in terms of arrest?

A

The police believe an offense is currently taking place.

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9
Q

What is a ‘future’ offense in the context of arrest?

A

The police suspect an offense is about to happen imminently.

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10
Q

Can the police arrest someone if no offense has actually taken place?

A

Yes, if they have reasonable grounds to believe an offense might occur.

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11
Q

What are ‘reasonable grounds’ for arrest?

A

Evidence-based, objective reasons to believe someone is involved in an offense.

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12
Q

Can mere suspicion justify an arrest?

A

No, suspicion must be based on reasonable and objective grounds.

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13
Q

Does an officer need certainty to arrest someone?

A

No, reasonable suspicion is enough as long as it’s based on facts.

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14
Q

Can personal bias be used as a ground for arrest?

A

No, reasonable grounds must be objective and free from personal bias.

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15
Q

What is the role of Code G in ensuring lawful arrests?

A

Code G provides guidelines for lawful arrests under s.24 of PACE, ensuring arrests are necessary and based on reasonable grounds.

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16
Q

What is the ‘necessity test’ in an arrest?

A

The requirement that an arrest is necessary based on specific criteria outlined in Code G.

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17
Q

What is one reason an arrest might be deemed necessary?

A

To ascertain the suspect’s name and address.

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18
Q

Can an arrest be necessary to prevent physical injury?

A

Yes, to prevent harm to the suspect, others, or damage to property.

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19
Q

What necessity criterion applies if the suspect is obstructing the highway?

A

Arrest may be necessary to prevent obstruction of the highway.

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20
Q

When is arrest necessary to protect a vulnerable person?

A

If the suspect’s presence poses a risk to a vulnerable person’s safety.

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21
Q

What must a police officer tell a suspect at the time of arrest?

A

The reason for the arrest, why it is necessary, and a caution.

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22
Q

Is it required for an officer to identify themselves if not in uniform?

A

Yes, they must show their warrant card to make the arrest lawful.

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23
Q

What is the caution that must be given upon arrest?

A

The caution is: ‘You do not have to say anything, but it may harm your defense if you do not mention, when questioned, something you later rely on in court. Anything you do say may be given in evidence.’

24
Q

Why is it important to provide a caution?

A

To inform the suspect of their right to remain silent and the implications of anything they say.

25
Q

What must be done immediately after the arrest?

A

The suspect must be taken to the nearest police station as soon as possible.

26
Q

What is ‘reasonable force’ in the context of an arrest?

A

Using only the amount of force necessary to safely and effectively conduct the arrest.

27
Q

Can police use force if a suspect resists arrest?

A

Yes, but it must be proportionate to the situation.

28
Q

Is the use of excessive force allowed in arrests?

A

No, force must be reasonable and necessary.

29
Q

What is the consequence of using unreasonable force in an arrest?

A

It may lead to claims of police misconduct or unlawful arrest.

30
Q

How does reasonable force relate to stop and search?

A

Similar to stop and search, force used during an arrest must also be reasonable and proportionate.

31
Q

What can the police search for upon arrest?

A

Anything that may help the suspect escape or could be evidence related to the offense.

32
Q

Can police remove all clothing from a suspect in a public place?

A

No, only outer clothing can be removed in public.

33
Q

What happens if police find evidence during the search?

A

The evidence may be seized and used in the investigation or court proceedings.

34
Q

Can the search continue after the suspect is taken to the police station?

A

Yes, a more thorough search can be conducted at the police station.

35
Q

Why are searches conducted upon arrest?

A

To ensure the suspect doesn’t carry items that could jeopardize the investigation or facilitate escape.

36
Q

Can the police arrest someone for breaching police bail?

A

Yes, if a suspect fails to comply with conditions of police bail.

37
Q

What is an arrest for breach of the peace?

A

A common law power to arrest individuals causing or about to cause a breach of the peace.

38
Q

What does the case Bibby v Chief Constable of Essex Police (2000) say about breach of the peace?

A

It clarified that breach of the peace arrests must be necessary and proportionate.

39
Q

What does an arrest with a warrant under s.1 of the Magistrates Court Act 1980 allow?

A

It allows police to enter a suspect’s home to make an arrest.

40
Q

When is a warrant necessary for an arrest?

A

When the police need to enter private property to arrest a suspect.

41
Q

Can someone be arrested for an offense that happened last week?

A

Yes, if there is reasonable suspicion of their involvement.

42
Q

What about arresting someone in the act of committing a crime?

A

Yes, they can be arrested if caught committing an offense.

43
Q

Can someone be arrested if there’s suspicion they plan to commit a crime tomorrow?

A

Yes, reasonable grounds to suspect an imminent offense allow for arrest.

44
Q

Is it legal to arrest someone without evidence if an offense is suspected in the future?

A

Yes, if reasonable suspicion exists, an arrest can be made even if the crime hasn’t occurred.

45
Q

How does arrest for a future offense prevent crime?

A

It allows police to act proactively to prevent anticipated criminal acts.

46
Q

Why must reasonable grounds for arrest be established?

A

To prevent arbitrary and unlawful arrests.

47
Q

Can a person sue if they’re arrested without reasonable grounds?

A

Yes, they may file a claim for unlawful arrest.

48
Q

What is the role of Code G in limiting arrest powers?

A

It ensures arrests are necessary and based on reasonable grounds, protecting individuals from arbitrary arrest.

49
Q

What happens if an officer fails to provide a reason for the arrest?

A

The arrest may be considered unlawful if the suspect is not informed of the reason.

50
Q

Can arrests be challenged in court?

A

Yes, if the arrest was conducted improperly or without reasonable grounds.

51
Q

Who oversees police conduct to prevent misuse of arrest powers?

A

Bodies like the Independent Office for Police Conduct (IOPC) review police actions.

52
Q

How can a suspect file a complaint about an unlawful arrest?

A

They can report the incident to the IOPC or make a formal complaint to the police.

53
Q

Why is documentation of an arrest important?

A

It provides a record for accountability and legal reference.

54
Q

What are an individual’s rights during arrest?

A

Rights include being informed of the reason for arrest, receiving a caution, and having reasonable force used.

55
Q

What legal recourse exists for victims of unlawful arrest?

A

Victims can pursue civil claims or complaints for compensation and justice.

Law Unit 3 Police Powers Activity 1 (3 decks)

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