PP: Arrest

Question 1

PACE Powers of Arrest

Answer 1

S.24 PACE 1984 ammended by Serious Organised Crime and Police Act 2005 (SOCPA) > S.110 SOCPA created new S.24 PACE

New S.24 PACE (as ammended by S.110 SOCPA):

• Police can make arrest without warrant if person is in the act of committing a crime, or is about to commit a crime.
• Police must have reasonable suspicion for above, can arrest if the suspect crime has or is about to be committed.

Question 2

Necessity Test

Answer 2

Test to decide if arresting officer has Reasonable Grounds to make an arrest
Can arrest to:
- Enable person’s name and address to be attained
- Protect child or vulnerable person
- Allow the prompt and effective investigation
- Prevent any prosecution for the offence being hindered

There are almost no situations where the arrest is not necessary:

Richardson:

• D accused of hitting student, went into station willingly to give statement and was arrested
• Decided to be unlawful, recieved £1000 compensation

Question 3

PACE Code G

Answer 3

Code G- Gives guidelines for when an arrest will be lawful:

1. Person arrested> involvement, attempted involvement or suspected involvement
2. Reasonable grounds for believing that the person’s arrest is necessary

S.28 PACE 1984:
- Police must tell the person they are being arrested and explain why they are being arrested

S.117 PACE 1984:
- Officer can use reasonable force whilst making an arrest

Question 4

Other Powers of Arrest

Answer 4

Can Arrest For:

Arrest with Warrant:

• S.1 Magistrates Court Act 1980: requires written information supported by evidence stated person has committed or is suspected of committing offence
• Police can enter home for purpose of making arrest if they have Warrant

Breaching Police Bail:
- Criminal Justice and Public Order Act 1994
- Gave extra PACE power (S.46A)
Police can arrest anyone who fails to attend station after being given Police Bail

Breach of the Peace:
- Common Law Right to arrest for BoP

McConnel 1990:

• Man asked to leave shop for BoP, tried to go back in once outside, arrested
• Claimed unlawful because BoP on private property, Court said it was lawful arrest

Bibby:

• Criteria for arresting for BoP
  1. Threat must be sufficiently real and present
  2. Threat must come from person being arrested
  3. Conduct of that person must interfere with rights of others and conduct must not be ‘wholly unreasonable’
  4. Conduct of person being arrested must be unreasonable

Question 5

Citizens Arrest

Answer 5

SOCPA 2005 created new S.24A PACE 1984:

• Gives Private Citizens right to make a Private Arrest for an Indictable Offence
• Can only arrest to prevent D causing injury to themselves or others, or to stop them leaving before officer can take responsibility for them

Question 6

Evaluation of Powers of Arrest

Answer 6

Manner of Arrest:

• S. 28 PACE: Police must tell person they are being arrested
• S.117 PACE: Can use reasonable force in order to carry out arrest
• Taylor 2004: simple, non-technical language can be used in order to tell person in a way that they understand

Searching Arrested Person:

• S.32 PACE: Police have right to search arrested person for anything that may be evidence or used to help them escape
• If in public, can only search Outer Coat, Jacket and Gloves