Powers of Arrest

Question 1

Rice v Connelly

Answer 1

No common law power to stop or detail

Question 2

Where does the statutory power to stop and search come from?

Answer 2

PACE s1 1984

Question 3

What factors are required for a lawful stop and search?

Answer 3

1. In connection with stolen or prohibited articles
2. Reasonable suspicion
3. Public place
4. Additional rights under s1 PACE

Question 4

What are the requirements for reasonable suspicion to stop and search?

Answer 4

1. Subjectively, that officer had reasonable suspicion
2. Objectively, that officer had reasonable grounds to be suspicious

Question 5

O’Hara v Chief Constable RUC (1997)

Answer 5

Judicial guidance on reasonable suspicion.

Question 6

R v Bristol 2007

Answer 6

Officer failed to give his name during stop and search and so conviction was quashed.

Question 7

Where is the generic power of arrest derived from?

Answer 7

s24 PACE

Question 8

What elements are necessary for lawful arrest?

Answer 8

Code G para 2.1
1. Involvement or suspected involvement in the commission of an offence
2. Reasonable grounds for believing the arrest is necessary

Question 9

When is an arrest necessary under PACE?

Answer 9

• To enable person’s name to be ascertained
• To enable person’s address to be ascertained
• To prevent the person causing injury or damage etc
• To protect a child or vulnerable person
• To allow the prompt and effective investigation of the offence or conduct of the person
• To prevent the prosecution of the offence being hindered by the disappearance of the person

Question 10

Raissi v Met Police Commissioner (2008)

Answer 10

Reasonable suspicion requirement is not sufficed by instructions from senior officer without the instructions including the relevant evidence

Question 11

What is street bail?

Answer 11

Suspect is arrested and released without being taken to police station, must attend police station at a later date.