Arrest Flashcards
What code is arrest under and what are the guidelines?
- it’s under Code G
- the guidelines for a lawful aren’t are that a persons involvement, suspect or attempted and reasonable grounds for believing the arrests are necessary
- has guidelines on what actions the officer must take when approaching the suspect for example granting street bail etc.
Arrest is under what Act?
Arrest is under S24 of PACE 1984 as amended by s110 of SOCPA
All offences are…
Arrestable and police can arrest without a warrant if a suspect has, is or about to commit an offence and reasonable grounds for believing the offence is Arrestable
What is the necessity used for and list it:
It’s used to determine whether the arrest is necessary or not
•to enable the name and address of the person
•to prevent the person:
-causing physical injury to themselves or others
-suffering physical injury
-causing loss of or damage to property
-to allow the prompt and effective investigation of an offence
-to prevent the prosecution of the person from being hindered by their disappearance
What case was the test considered in?
Richardson v CC of West Midlands
What is reasonable grounds for suspicion based on?
It’s based on objective and subjective test
Objective is on the basis of an ordinary person and police/public info and intelligence
Subjective is the perception in the circumstances
This was considered in Osman v DPP
What is the procedure for search?
It’s under s28
An officer must tell suspect as soon as practicable they’re under arrest and give reason for arrest
•no precise words are required but must be understandable like in Taylor v CC of Thames Valley Police
•police must caution suspect under s34 of CJPOA 1994
•under s117 if they’re not in uniform they must identify themselves
Under what’s section must the suspect be taken to station once arrested as soon as practicable
Section 30
What must officer do once a suspect has been arrested
Officer can search them for evidence and take items used for escape
If someone’s on bail what can officer do
Under s46a police can arrest if someone’s on police bail and has failed to comply
What is the other powers of arrest
Under section 1 of MCA 1980 police can arrest with a warrant and search house
Explain breach of peace
Police have a common law for breach of peace whether it’s on private or public land
In the case of McConnell v CC of greater Manchester police the D was asked to leave a store but refused. Officers made him leave but he tried to re-enter so was arrested and it was lawful
Explain the case in which the conditions must be satisfied for breach of peace arrest
- the persons conduct must learnt interfere with the rights of others
- the person must be a real and sufficient threat to the peace
- the threat must come from the person in question
- the conduct of the person must be unreasonable I
