Powers Of Arrest

Question 1

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

Answer 1

2005

Question 2

Which act amended section 24 of PACE ?

Answer 2

The Serious Organised Crime and Police Act 2005

Question 3

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

Answer 3

Section 110

Question 4

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

Answer 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

Question 5

What does section 24 (2) state? Regarding constable

Answer 5

‘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’

Question 6

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

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

Answer 6

1) 24 (3)(a)

2) 24 (3)(b)

Question 7

Which section 24 refers to a past suspected offence….

Answer 7

Section 24 (2)

Question 8

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

Answer 8

1) section 24 (1) (b)

2) section 24 (1) (d)

Question 9

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

Answer 9

1) section 24 (1) (a)

2) section 24 (1) (c)

Question 10

What is the necessity test for arrest

Answer 10

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

Question 11

name the reasons which would be regarded as necessary …

Answer 11

• 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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

What is section 26 of PACE

Answer 15

Arrest for the breach of peace , common law power

Question 16

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

Answer 16

Section 1 magistrates court act 1980

Question 17

Name the Terrorism powers to arrest

Answer 17

Section 41 Terrorism Act 2000

Question 18

Name another power of arrest

Answer 18

Aggregated trespass under the CJPOA Act 1994

Question 19

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

Answer 19

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

Question 20

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

Answer 20

Bibby V Chief Constable of Essex Police (2000)

Question 21

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

Answer 21

• Written information

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

Question 22

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

Answer 22

Sets out the rights for private citizens to make an arrest

-only indictable offences

Question 23

What is the limitation of a citizens arrest?

Answer 23

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

Question 24

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

Answer 24

Taylor V Chief Constable of Thames Valley Police (2004)

Question 25

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

Answer 25

• 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