S2

Question 1

What does an arrest do?

Answer 1

restrains the liberty of the person arrested

Question 2

what is the purpose of an arrest?

Answer 2

facilitate the investigation of the offence by the police.

Question 3

when has a person been arrested?

Answer 3

fact sensitive question - question of degree and intensity.

a deprivation of liberty is required to constitute arrest.

Question 4

is there a difference bewteen a deprivation of liberty and a mere restriction of movement?

Answer 4

yes. a deprivation of liberty is an arrest and a mere restriction of movement is not an arrest.

Question 5

when is an arrest unlawful?

Answer 5

where the arresting officer knows that there is no possibility of the arrest person being charged with an offence. (even if he has reasonable suspicion)

Question 6

can a office lawfully arrest a suspect where he hopes, by doing so, to obtain a confession?

Answer 6

yes

Question 7

if the lawfullness of an arrest carired out by an officer at the request of another is challanged, what is the rule?

Answer 7

it is for the police to prove that the officer who asked for the arrest to be made acted in good faith in making the request.

Question 8

who is the burden of proof of showing lawful arrest on?

Answer 8

on the police

Question 9

if an arrest is lawful, who is the burden of proof on to show exessive force?

Answer 9

on the complainant.

Question 10

when can a police officer arrest without warrent?

Answer 10

a police officer may arrest for any offence - subject to the test of necessity.

Question 11

when can a civilian carry out an arrest?

Answer 11

indictable only offence. subject to test of necessity.

Question 12

what is the common law power to prevent a breach of the peace?

Answer 12

every constable and civilian has a power to arrest to prevent a breach of the peace; whehter breach is being committed at the time or anticipated in immediate future.

Question 13

are powers of arrest discretionary?

Answer 13

if conditions satsifed teh offer (or civilain) may arrest, but is not required to. so YES

Question 14

When is a power of arrest not discretionary?

Answer 14

where a person has been arrested for an offence and is at a police station in concerquence of that arrest, and it appears to that police that, if released, he would be laibel for some other offence, the perosn must be arrested for that other offence.

Question 15

When does a person have a common law power of arrest for breach of the peace? (3)

Answer 15

1. a breach of the peace is committed in his presence,
2. the person effecting the arrest reasonably believes that such a breach will be committed in the immediate future by the person arrested; OR
3. a breach of the peace has been committed or the person effecting the arrest reasonably belives that a breach of the peace has occurred, and that a futher breach is threatened.

Question 16

what must an arrest be made for the purpose of?

Answer 16

bringing the person before a competent legal authority.

Question 17

when does a breach of the peace occur?

Answer 17

when harm is actually done, or is likely to be done to:

1. to a person
2. or, in his presence, to his property
3. or where a person is in fear of being harmed through an assault, affray, riot, unlawful Assembly or other disturbance.

Question 18

when talking about reasonable beleif - is this an objective or subjective requirement?

Answer 18

reasonable beleif (breach of the peace) is a objective requirement - court must determine whether belief was reasonable having regard to al the circumstances as perceived by the person carrying out the arrest at the time.