1.6 Arrest Flashcards
Which PACE Code of Practice deals with police powers of arrest and detention?
Code C (Detention, treatment and questioning of persons)
What are the consequences for evidence where there is a breach of the PACE Codes?
Breaches of the codes do not render evidence obtained as a result of the breach inadmissible per se, but they may provide the basis for an application to exclude evidence.
Such challenges may be made under s.76 PACE (if the defence wishes to challenge the admissibility of confession evidence) or s.78 PACE (for any prosecution evidence).
What are the grounds for challenging confession evidence?
Section 76(2) PACE
If defence represents that confessions were obtained
(a)
by oppression of the person who made it; or
(b)
in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof
The Crown must prove beyond reasonable doubt that the confession was not obtained as alleged.
What are the grounds for challenging evidence other than confessions?
Section 78(1) PACE
… if it appears to the court that… the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
What are the four questions to ask about any arrest?
P: identify the Power
A: what is the legal Authority granting the power?
C: What Criteria need to be met and are they met on the facts?
E: How should the power be Exercised and has it been exercised correctly on the facts?
Which ECHR provision is most directly linked to the power of arrest?
Article 5 - deprivation of liberty.
What two things must police have to lawfully arrest someone without a warrant?
Section 24 PACE
Police must have a ground (ss.24(1)-(3)) and a reason (ss.24(4)-(5)) why arrest is necessary.
What are the grounds of arrest without warrant?
Section 24 PACE
(1)
A constable may arrest without a warrant—
(a)
anyone who is about to commit an offence;
(b)
anyone who is in the act of committing an offence;
(c)
anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d)
anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3)
If an offence has been committed, a constable may arrest without a warrant—
(a)
anyone who is guilty of the offence;
(b)
anyone whom he has reasonable grounds for suspecting to be guilty of it.
What are the reasons for arrest?
Section 24 PACE
(5)
The reasons are—
(a)
to ascertain the name of the person;
(b)
correspondingly as regards the person’s address;
(c)
to prevent the person in question—
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency; or
(v) causing an unlawful obstruction of the highway;
(d)
to protect a child or other vulnerable person from the person in question;
(e)
to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f)
to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
What are the criteria of reasonableness in reasonable grounds for suspicion?
COP G 2.3A
There must be some reasonable, objective grounds for the suspicion, based on known facts and information.
Castorina v CC Surrey (1988) 138 NLJ 180
1. the constable carrying out the arrest must actually suspect (the subjective test);
2. a reasonable person in possession of the same facts as the constable would also suspect (the objective test).
In addition, the arrest must be Wednesbury reasonable.
Under what statutory provision are arrest warrants issued?
Section 1 Magistrates’ Courts Act 1980
The Magistrates Court may issue arrest warrants on the basis of a sworn information that person has committed an offence or is suspected of it.
The offence must be indictable or imprisonable or the person’s address must be insufficiently established for a summons to be served.
The magistrates’ court can also issue a warrant for the arrest of a person who has failed to appear in answer to a summons or of a person who has failed to surrender to custody having been bailed.
What does it mean to be “backed for bail”?
An arrest warrant can be “backed for bail”, meaning that the person should be arrested and given a date on which to appear in court and then released on bail. Most warrants are “not backed for bail”, meaning that the person should be arrested and brought to court in custody.
What must police tell a suspect when they arrest them in order for the arrest to be lawful?
Section 28 PACE (1) that they have been arrested (3) the ground for the arrest (5) unless it is not reasonably practicable to do so
What must happen when police first arrest someone?
COP G 3.4
A person arrested should be cautioned as soon as reasonably practicable after arrest. It may be impracticable to do so by reason of the suspect’s condition or behaviour at the time.
Section 30(1A) PACE
The person must be taken by a constable to a police station as soon as practicable after the arrest.
When can a police officer use force?
Section 117 PACE
Police may use reasonable force if necessary in the exercise of any power in a provision of PACE that does not require the consent of a person other than the police constable.
