Arrest (Overview On Police Powers) Flashcards
What does breach mean?
To break or violate a law, agreement or other regulation
What does custody mean?
The exercise of power to deprive a person of his or her liberty
What does DNA mean?
Deoxyribonucleic Acid. Genetic coding found in the body’s cells
What is / does a warrant mean?
A legal document signed by a judge giving the police permission to carry out a particular action
Arrest & Detention
What is an arrest?
An arrest is the removal of a persons liberty for a temporary period
S.24 PACE Lawful arrest
(Code G - Police Powers of Arrest)
What two criteria’s must an arrest meet, to establish an “lawful arrest”?
The person being arrested must be involved or suspected of involvement or attempted involvement in committing a crime
The police officer must have reasonable grounds for believing that it is necessary to arrest that person
Lawful arrest (S.24 PACE)
In the case of Castorina V Chief Constable of Surrey (1988) the HOL looked at 3 questions for a reasonable cause of an arrest.
What were the questions?
1) Did the arresting officer suspect that the person was guilty of an offence?
(Question depends on the facts and the officers state of mind)
2) Assuming the officer had reasonable suspicion, was there reasonable cause for the suspicion?
(Objective requirement to be determined by the judge)
3) If the Answer to the previous questions are yes, the officer has a discretion to make an arrest
The necessity test
S24 (5)
An arrest is necessary if:
1) Where the name and address of the person cannot be ascertained
2) To prevent the person:
Causing injury to themselves or another
Suffering physical injury
Causing loss of or damage to property
3) To prevent an offence of public decency or obstruction of a highway
4) To protect a child or vulnerable person
5) To allow the effective and prompt investigation of the offence
6) To prevent the prosecution of the offence from being hindered
Reasonable Grounds of an arrest
Causing physical injury to himself or others?
Causing an unlawful obstruction of the highway?
To protect a child or vulnerable person?
Possession of drugs?
Possession of a weapon?
Suffering Physical injury?
An illegal firework on them?
Committing an offence against public decency?
Possession of items which can be used to steal, take a car, commit burglary, fraud or criminal damage?
To prevent any prosecution for the offence from being hindered by the disappearance of the person in question?
Reasonable Grounds of an arrest
Case law
Castorina V Chief Constable of Surrey 1998
The COA said:
“Reasonable grounds was not whether an ordinary person would think that the suspect was guilty but that it was sufficient for an ordinary person to suspect that the suspect would be guilty”
Taylor V Chief Constable of Thames Valley Police 2004
COA held:
An arrest is not lawful unless he is told:
that he is under arrest and;
The ground which exists for the arrest
Procedure for an arrest
Identifying themselves as police officers
Informing the person that they have been arrested and the circumstances
Explaining why the arrest is necessary
Explain that the person is not free to leave
Any necessary searches under S.32(1)
Cautioning the person and taking them to a designated police station ASAP
Procedure for an arrest (Case Law)
R V Iqbal (2011)
The D had been arrested at a hearing of another person.
Police officer had recognised the D as someone who was wanted by police involvement with conspiracy to supply class A drugs.
Police officer apprehended the D and handcuffed him.
D ran away and was later captured, charged and convicted of common law offence of escaping from lawful custody.
On appeal, the D’s conviction was quashed stating that the as not under arrest because he had not been told he was under arrest.
Legal principle:
A police officer must inform a person that they are under arrest and the reason why they are under arrest or the arrest will be unlawful
What was the legal principle held in R V Iqbal (2011)?
Legal principle:
A police officer must inform a person that they are under arrest and the reason why they are under arrest or the arrest will be unlawful
Arrest without a warrant
Section 24 of PACE 1984 as amended by Section 110 of the Serious Organised Crime and Police Act 2005
Prior to the introduction of section 110, there had to be an arrestable offence, however an arrest can be made for any offence no matter how minor that offence may be
Arrest without a warrant
Who can a constable arrest without a warrant?
Anyone who is about to commit an offence
Anyone who is in the act of committing an offence;
Anyone whom they have reasonable grounds for suspecting to be about to commit an offence;
Anyone whom they have reasonable grounds for suspecting to be committing an offence
