Powers of arrest

Question 1

s.24 PACE 1984

Answer 1

Amended by s.110 SOCAP Act 2005- police can arrest for all offences

Question 2

Grounds for arrest (2)

Answer 2

Must have reasonable grounds for arrest, aim- trying to prevent/ trying to stop further crime?

Question 3

(necessity test) Richardson v Chief Constable

Answer 3

Arrest was unnecessary because he attended the station voluntarily- not justified so awarded £1000 damages

Question 4

Hayes v Chief Constable

Answer 4

CA looked at the necessity test and confirmed the 2-stage test. First the officer must actually believe the arrest is necessary for a reason in s.24, second there must be an objective belief that the arrest was necessary

Question 5

Code G

Answer 5

Statutory powers of arrest- a person’s suspected/attempted/actual involvement and reasonable grounds

Question 6

s.117

Answer 6

Reasonable force can be used

Question 7

s.28

Answer 7

Person’s must be informed that he/she is under arrest

Question 8

Murphy v Oxford

Answer 8

A person was told he was being arrested on suspicion of a burglary but there was no mentioning a date, or that it was a burglary of a hotel, therefore the arrest was unlawful