Powers Of Arrest Flashcards

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1
Q

In what year were the powers of arrest under PACE completely changed?

A

2005

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2
Q

Which act amended section 24 of PACE ?

A

The Serious Organised Crime and Police Act 2005

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3
Q

Which section of SOCPA substituted a new section 24 into PACE ?

A

Section 110

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4
Q

Section 24 (1) states that a constable may arrest without a warrant if ….(4)?

A
  • anyone who is about to commit an offence
  • anyone who is in the act of committing an offence
  • anyone whom he has reasonable grounds for suspecting to be about to commit and offence
  • anyone who he has reasonable grounds for suspecting to be committing an offence
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5
Q

What does section 24 (2) state? Regarding constable

A

‘If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest anyone without a warrant whom he has reasonable grounds to suspect of being guilty of it’

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6
Q

Which section 24 refers to a past actual offence of…..

1) anyone who is guilty
2) suspects to be quality

A

1) 24 (3)(a)

2) 24 (3)(b)

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7
Q

Which section 24 refers to a past suspected offence….

A

Section 24 (2)

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8
Q

Which section 24 refers to a present offence of…..

1) anyone who is in the act
1) anyone who is suspected to be in the act

A

1) section 24 (1) (b)

2) section 24 (1) (d)

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9
Q

Which section 24 refers to the future offence of…..

1) anyone about to commit an offence
2) anyone who is suspected of about to commit an offence

A

1) section 24 (1) (a)

2) section 24 (1) (c)

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10
Q

What is the necessity test for arrest

A

An officer can only arrest if he/she has reasonable grounds for believing that it is necessary to make the arrest

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11
Q

name the reasons which would be regarded as necessary …

A
  • enable the name and address of suspect to be acertained
  • causing loss of damage to property
  • to protect a child or vulnerable person
  • to prevent any prosecution for the offence from being hindered by the disappearance of the person in question
  • causing an unlawful obstruction of the highway
  • to prevent causing physical injury to himself of any other person
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12
Q

What are the two guidelines set out under code G which stress what a lawful arrest is ?

A

1) a persons involvement or suspected involvement or attempted involvement
2) reasonable grounds for believing that the persons arrest is necessary

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13
Q

It remains an operational decision at the discretion of the arresting police officer as to …
Do what? (3)

A

1) what action he may take at the point of contact with the individual
2) the necessity criteria, which applies
3) whether to arrest, report for summons, grant street bail , issue a fixed penalty notice or take any other action

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14
Q

Which extra power of arrest did CJPOA 1994 add into PACE ? And what does this do?

A

Section 46A of PACE
This gives the police the right to arrest without a warrant anyone who has failed to attend the police station at a set time after being released on police bail

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15
Q

What is section 26 of PACE

A

Arrest for the breach of peace , common law power

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16
Q

What is the section and act for arresting with a warrant ?

A

Section 1 magistrates court act 1980

17
Q

Name the Terrorism powers to arrest

A

Section 41 Terrorism Act 2000

18
Q

Name another power of arrest

A

Aggregated trespass under the CJPOA Act 1994

19
Q

What is the case which demonstrates police powers for the breach of peace?

A

McConnell v Chief Constable of the Greater Manchester Police (1990)

20
Q

In which case did the Court of Appeal summarise the conditions for a common law power of arrest to be used?

A

Bibby V Chief Constable of Essex Police (2000)

21
Q

What is needed in order for the Magistrates Court to issue a warrant?

A
  • Written information

- evidence that the person has or is suspected to have committed an offence

22
Q

What does s.24A PACE of the SOCPA 2005 do?

A

Sets out the rights for private citizens to make an arrest

-only indictable offences

23
Q

What is the limitation of a citizens arrest?

A

-Must appear not reasonably practicable for a constable to make the arrest.

24
Q

What case demonstrated whether the words used for the arrest were sufficient?

A

Taylor V Chief Constable of Thames Valley Police (2004)

25
Q

What right do the police have to search an arrested person?

A
  • The right to search for anything which might be used to help escape
  • Anything that might be evidence in an offence
  • Anything but JOG must be out of public view