Powers of Arrest, Bail, Stop and Search

Question 1

What are the 3 circumstances which a police officer can arrest someone without a Warrant

Answer 1

PACE 24 (1)-(3)

1. Anyone who is about to commit an offence or whom they have reasonable ground for suspecting to be about to commit an offence.
2. Anyone who is in the Act of Comitting or whom they have reasonable grounds for suspecting to be committing an offence
3. Per Pace s24(2) if the police officer has reasonable grounds for suspecting that an offence has been committed they may arrest any person whom the officer has reasonable grounds to suspect being guilty. Per S24(3) if the offence has already been committed they may arrest anyone whom they have reasonable grounds for suspecting to be guilty of the offence.

Question 2

What amounts to reasonable grounds for suspicion for an arrest

Answer 2

• Did officer actually suspect that the person was guilty of the offence;
• If so would a reasonable person in possession of the same facts as the office have suspected the person?

The officer does not have to identify the precise legal power under which they act.

Question 3

is information supplied by someone else enough to amount to Reasonable suspicion

Answer 3

• A description given by a witness= Yes
• An anonymous telephone call= yes but only if the person arrested corresponds with the description given in the message.
• Description from a police informant= can be sufficient but must be treated with considerable reserve

Question 4

What is required for the powers of arrest under PACE 24(1),(2), (3) to be exercised.

Answer 4

Belief That an Arrest is Necessary for one or more reasons set out in PACE 24(5)

Question 5

PACE s24(5)

Answer 5

These are the grounds for believing that an Arrest is necessary:

• To enable the name or address of the person in question to be ascertained. The officer must have some objective reason for doubting the information given
• To Prevent the persons causing physical injury to themselves or any other person etc
• To protect a child or other vulnerable person from the person in question. (Important to note whether this can be achieved without an arrest)
• To Allow the prompt and effective investigation of an offence or of the conduct of a person in question.
• To prevent any prosecution for the offence from being hindered by the disappearance of the person in question

Question 6

CODE G 2.6?

Answer 6

The officer must ‘examine and justify’ the reasons or reasons why a person needs to be arrested. This means that the officer must consider that arrest is the ‘practical, sensible and proportionate option in all circumstances’

The officer should consider alternatives to arrest such as a voluntary interview

Question 7

In what circumstances would arrest after a voluntary interview by justified

Answer 7

If new information that came to light after the arrangements were made indicates that voluntary attendance is no longer a practical alternative to arrest.

Question 8

What two types of stop and search powers are there?

Answer 8

1) Those that require reasonable suspicion

2) Those that don’t require reasonable suspcion

Question 9

Powers requiring reasonable suspicion?

Answer 9

• Pace s1 (2) a constable may search any person or vehicle for stolen or prohibited articles.
• MDA 1971 s23 a constable may stop and search a person whom they have reasonable grounds to suspect is in possession of controlled drugs.
• Under the TA 2000 s43 a constable may stop and search a person whom they reasonable suspect to be a terrorist, to discover whether the person has in their possession that may constitute to evidence that they are a terrorist

Question 10

Powers not requiring reasonable suspicion

Answer 10

• CJ POA 1994 s60 stop and search a person or vehicle where an inspector or above has given authorisation, reasonably believing that serious violence may take place or that person are carrying dangerous instruments.
• CJ POA s60AA, when authorisation is given by an inspector or above, the constable can demand the removal or and seize which the constable believes is being worn to conceal their identity.
• MDA 1971 s23(3) where a warrant specifically authorises the search of persons found on premise specified in the warrant.

Question 11

CODE A para 2.4-2.6B

Answer 11

How the reasonable suspicion test should be applied

Question 12

PACE s117

Answer 12

Reasonable force may be used to carry out a search but only if the person is unwilling to cooperate or resists.

Question 13

what information should be provided to the suspect when being searched.

Answer 13

CODE A para 3.8

• The legal power of search being exercised
• A clear explanation of the object of the search, the ground for suspicion
• The person right to a record of the search

Question 14

CODE A 4.1

Answer 14

The officer must make a written record of the search, if the person is arrested as a result of the search the record should be made as part of their custody record

Question 15

If a client is released on bail?

Answer 15

S47(3A) The client will be given a date for a court appearance, no later than the first sitting of the relevant magistrates court after the person is charged.

Question 16

If the person charged is not released

Answer 16

PACE s46 The first appearance must be a soon as practicable an not later than the first sitting after charge.

`This normally means that the suspect must be produced in court no later than the day following the date of charge, excluding Sundays, Christmas Day and Good Friday

Question 17

Why should you make representations regarding bail

Answer 17

Because the police decision regarding bail is likely to have an impact on whether the court will grant bail.

If the police withhold bail then the court is likely to come to the same decision, it is also likely that, where bail is granted subject to conditions the court will be heavily influenced by the police decisions on what conditions to impose.

Question 18

How should you make representations regarding the bail/detention

Answer 18

Ask the custody officer whether there are any documents and materials available to challenge the lawfulness of the arrest or detention.

Point the custody officer to s38(1), this will enable you to concentrate on the issues of primary concern and put forward the argument that these concerns can be dealt with appropriate conditions.