Powers of Arrest Flashcards

1
Q

What is a Police Constables power of arrest?

A

s24 PACE* 1984

  • Police and Criminal Evidence Act
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2
Q

What is the Any Persons power of arrest?

A

s24(a) PACE 1984

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3
Q

What is the necessity test?

A

s24(5) PACE 1984

Investigation
Disappearance
Child
Obstruct highway
Physical Injury 
Public Decency
Loss/damage to property
Address
Name
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4
Q

What are the TWO elements for a s24 PACE arrest to be lawful?

A

1) The person has been involved, has attempted to be involved or is suspected of involvement in the commission of a criminal offence; and
2) There are reasonable grounds for belie sing that the persons arrest is necessary

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5
Q

What are the FOUR levels of involvement?

A

1) Past - offence has been committed
2) Present - in the act of committing an offence/suspecting to be committing an offence
3) Future - about to commit an offence/suspecting to be about to commit an offence
4) Double sus - has been committed/suspect of being guilty

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6
Q

Under s24(a) when can an Any Person arrest?

A
For Past, Present and indictable offence only and to prevent P.L.O.D
Physical injury
Loss
Off
Damage
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7
Q

What is an arrest?

A

The taking of a persons liberty in relation to an alleged offence

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8
Q

What is the equation for an arrest?

A

Offence + Grounds + Reason = Arrest

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9
Q

What are reasonable grounds for an arrest?

A

B.I.P.P

Behaviour
Info from witness
Place and time
Property they are carrying

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