Powers of Arrest + Use of Force Flashcards
Constable’s Power of Arrest:
s.24 PACE 1984
Power to Search Upon Arrest:
s.32 PACE 1984
(OTHER THAN AT A POLICE STATION)
(DIE)
Power to De-Arrest:
s.30 PACE 1984
Further arrest at a Police Station:
s.31 PACE 1984
Use of Force Powers:
s.117 PACE 1984
s.3 Criminal Law Act 1967
Common Law
s.117 PACE 1984
Allows police officers where necessary to use reasonable force to exercise their powers under PACE (e.g arrests, stop search, powers of entry and search, fingerprints)
s.3 Criminal Law Act 1967
A person may use such force as is reasonable in the circumstances in the prevention of crime
OR
in the effecting or assisting in the lawful arrest of offenders or suspected offenders
OR
persons unlawfully at large
Common Law UoF:
If you have an honest held belief that you or another are in imminent danger, you may use such force as is REASONABLE and NECESSARY to avert the danger
(Including preemptive strike)
Necessity Test:
Investigation
Disappearance
Child/ Vulnerable person
Obstruction of the Highway
Physical injury
Public Decency
Loss or Damage
Address
Name
Information to be provided upon Arrest:
- Person told they’re under arrest
- Informed of grounds for arrest
- Necessity
- The caution
Any person power of arrest:
s.24(A) PACE
- only indictable offences
- only past and present suspicion
- should only be made if not reasonably practicable for a constable to make it instead