Powers Of Arrest Flashcards
What is the any persons power of arrest?
s24(a) PACE 1984
What does PACE mean?
Police And Criminal Evidence
When was PACE introduced?
1984
What is a Constables power of arrest?
s24 PACE 1984
What is the necessity test?
s25(4) PACE 1984
Investigation Disappearance Child/vulnerable person Obstruct Highway Physical Injury Public decency Loss/damage to property Address Name
What are the TWO elements for an arrest to be lawful?
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 believing that the persons arrest is necessary
What are the FOUR levels of involvement?
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
Under s24(a) when can any person arrest?
For past, present and indictable offences only and to prevent Physical injury Loss Off (making) Damage
What is an arrest?
The taking of a persons liberty in relation to an alleged offence
What is the equation for a lawful arrest?
Offence + grounds + reason = arrest
What are the reasonable grounds for an arrest?
B.I.P.P
Behaviour
Info from witness
Place and time
Property they are carrying