PACE pt 2 Flashcards
what do police powers of arrest refer to?
any offence
when can a civilian make an arrest?
indictable offences
test for power of arrest?
test of necessity
what governs arrest without warrant for officers?
s.24A
What if someone is under arrest at a police station and it appears that if released he would be arrested for another offence?
person must be arrested for that offence
when does breach of the peace occur?
- when HARM is actually done is is likely to be done to a PERSON
in his presence
to his PROPERTY - person is in FEAR of being harmed through ASSAULT, AFFRAY, RIOT, UNLAWFUL ASSEMBLY OR DISTRUBANCE
When does a common law power of arrest arise for a person (constable or civilian)?
1-BREACH OF PEACE committed in his presence
2-person doing arrest believes such a breach will occur in IMMEDIATE FUTURE
- BREACH OF PEACE COMMITTED or person BELIEVES breach has occurred + a FURTHER BREACH will occur
what is test for determining if arrest was reasonable?
reasonable belief test
what is the reasonable belief test?
objective requirement
consider all circumstances
was the belief reasonable when making arrest?
what if there is a reasonable apprehension of an imminent breach?
can take preventive action
what must the preventive action be?
reasonable
necessary
proportionate
what authorises arrest under warrant?
Magistrates Court Act 1980
what does s.1 MCA do?
empower justice to issue a warrant
on what basis will a warrant be issued?
person has (suspected) commit an offence
can a warrant be endorsed for bail?
yes
what happens if warrant is endorsed for bail?
warrant specifies the amounts in which sureties are to be bound
what happens if bail is granted with sureties?
release offender
if sureties enter into recognizances in accordance with endorsement
what happens with recognizance?
offender must appear at mags at time + place in recognizance
what is needed to issue a warrant for the arrest?
- offence must be indictable or punishable by prison
2. don’t have their address to establish a summons to be served on him
when can mags issue a warrant for arrest for non-appearance before mags?
- offence is punishable by prison
2. court proposes disqualification
when is consent of DPP needed for warrant?
private prosecution for certain offences
what does s.13 MCA do?
power to issue warrant for person failed to appear to answer a SUMMONS
What if indictment has been signed but person has not been sent for trial?
CC MAY issue a summons
MAY issue a warrant for his arrest
what does CC summons do?
require them to appear before CC
