Powers Of Arrest Flashcards
In what year were the powers of arrest under PACE completely changed?
2005
Which act amended section 24 of PACE ?
The Serious Organised Crime and Police Act 2005
Which section of SOCPA substituted a new section 24 into PACE ?
Section 110
Section 24 (1) states that a constable may arrest without a warrant if ….(4)?
- 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
What does section 24 (2) state? Regarding constable
‘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’
Which section 24 refers to a past actual offence of…..
1) anyone who is guilty
2) suspects to be quality
1) 24 (3)(a)
2) 24 (3)(b)
Which section 24 refers to a past suspected offence….
Section 24 (2)
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
1) section 24 (1) (b)
2) section 24 (1) (d)
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
1) section 24 (1) (a)
2) section 24 (1) (c)
What is the necessity test for arrest
An officer can only arrest if he/she has reasonable grounds for believing that it is necessary to make the arrest
name the reasons which would be regarded as necessary …
- 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
What are the two guidelines set out under code G which stress what a lawful arrest is ?
1) a persons involvement or suspected involvement or attempted involvement
2) reasonable grounds for believing that the persons arrest is necessary
It remains an operational decision at the discretion of the arresting police officer as to …
Do what? (3)
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
Which extra power of arrest did CJPOA 1994 add into PACE ? And what does this do?
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
What is section 26 of PACE
Arrest for the breach of peace , common law power