Prelimenaries to Prosecution 1

Arrest (overview)

Police power to deprive liberty to investigate offences(Pace 1984 and Codes of Practice)

Police investigators (roles)

Police officers and PCSOs investigate crime, gather evidence, and liaise with communities.

Police ranks (uniformed)

Constable, Sergeant, Inspector, Chief Inspector, Superintendent, Chief Superintendent.

CID ranks (detectives)

Detective Constable (DC), Detective Sergeant (DS), Detective Inspector (DI), etc., mirroring uniform ranks.

Common abbreviations

PC (police constable), DC (detective constable), PS (police sergeant), DS (detective sergeant).

PACE and Codes

PACE 1984 sets powers; eight Codes (A

Breaches of Codes

Do not automatically make evidence inadmissible; may ground exclusion under s.76 (confessions) or s.78 PACE (any evidence).

Constable (PACE meaning)

any police officer.

Police powers checklist (PACE mnemonic)

P = identify the Power, A = legal Authority, C = Criteria met, E = proper Exercise.

Reasonable grounds

Subjective: The officer must actually believe the grounds exist.

Objective: A reasonable person with the same information would also think so.

Arrest (fact-sensitive)

Arrest restrains liberty; purpose usually to facilitate investigation; ECHR Art 5 requires deprivation of liberty, not mere restriction.

Non-arrest touching

Touching arm to get attention or prevent fall, without intention to arrest, is not an arrest.

Unlawful arrest (no prospect of charge)

l if officer knows there is no possibility of charge.

Arrest without warrant (s.24 PACE)

Constable may arrest without warrant if grounds and necessity conditions are met.

Grounds (s.24: about to commit/committing)

May arrest anyone about to commit, in the act of committing, or reasonably suspected of either.

Grounds (s.24: suspected offence committed)

If offence suspected committed, may arrest anyone reasonably suspected guilty.

Grounds (s.24: offence committed)

If offence committed, may arrest the guilty or anyone reasonably suspected guilty.

Necessity test (s.24 PACE)

Arrest only if reasonably believed necessary for one of the statutory reasons.

Necessity reasons: name

To ascertain the person’s name.

Necessity reasons: address

To ascertain the person’s address.

Necessity reasons: prevent injury

To prevent physical injury to the person or others, or the person suffering injury.

Necessity reasons: prevent property harm

To prevent loss of or damage to property.

Necessity reasons: public decency

To prevent an offence against public decency.

Necessity reasons: highway obstruction

To prevent unlawful obstruction of the highway.

Necessity reasons: protect vulnerable

To protect a child or other vulnerable person from the suspect.

Necessity reasons: prompt investigation

To allow prompt and effective investigation of the offence or suspect’s conduct.

Necessity reasons: prevent disappearance

To prevent prosecution being hindered by the suspect’s disappearance.

Breach of the peace arrest

Constables and civilians may arrest to prevent a breach of the peace happening, imminent, or just occurred.

Citizen’s arrest (s.24A PACE)

Civilians may arrest only for indictable offences and only with reasonable grounds.

Reasonable suspicion test

(i) Subjective: officer actually suspects; (ii) Objective: reasonable person with same facts would suspect; cannot be based on a mistake of law.

Arrest with warrant (Magistrates’ Courts Act 1980 s.1)

may issue a warrant if indictable/imprisonable offence or address unknown, or for failure to appear/surrender.

Crown Court warrant

can issue a warrant when a person fails to attend when bailed to do so.

Bench warrant endorsements

B/W/B/F/B = backed for bail (arrest then bail to attend); B/W/N/B/F/B = not backed for bail (arrest and produce in custody).

Arrest information requirements

As soon as practicable must inform the person: (a) they are under arrest, (b) the ground for arrest; even if obvious.

Reason for arrest (explanation)

Person should also be told the reason in plain language; omission breaches Code C but does not itself make arrest unlawful.

Curing procedural defects

can be corrected later, rendering the arrest lawful.

Caution (timing)

Give as soon as reasonably practicable after arrest unless impracticable due to condition/behavior.

Caution (wording)

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Failure to caution

Does not make arrest unlawful but may justify exclusion under s.76 and/or s.78 PACE.

Recording (pocket notebook)

Officer must record circumstances, necessity reasons, caution, and anything said; attach to or record in custody record if detained.

Use of force (s.117 PACE)

Reasonable force may be used where necessary to exercise a PACE power, including arrest.

Handcuffs

Use only where reasonably necessary to prevent escape or violent breach of the peace.

Reasonableness of force (factors)

Consider nature/degree of force, gravity of offence, harm risked by force, and possibility of arrest without force.

Serious injury from force

Serious injury does not automatically make force unreasonable; excessive force does not render arrest unlawful per se.

Detention

Police power to hold suspects under PACE 1984 before charge.

PACE mnemonic

P: Power, A: Authority, C: Criteria, E: Exercise (apply to facts).

Action after arrest

Suspect must be taken to police station asap (unless immediate investigation needed).

Street bail

Police may grant bail to attend station later, with conditions.

Custody officer

Rank ≥ sergeant, independent of investigation, responsible for welfare, authorises detention, can order release.

Custody officer duties

Explain arrest, authorise detention, open custody record, advise detainee of rights, arrange interpreters/healthcare, handle property.

Custody record

Must be opened for every detainee; includes reason for arrest, necessity, circumstances, comments. Solicitors can view at any time.

Review of detention

s.40 PACE: first review within 6 hours, then every 9 hours. Must be by inspector+, not involved in case.

Review rights

Detainee reminded of legal advice and can make representations.

Detention limit

s.41 PACE: max 24 hours from “relevant time” (arrival at station or 24h after arrest, whichever sooner).

Extension to 36 hours

s.42 PACE: Superintendent+ may extend if (1) indictable offence, (2) detention necessary for evidence, (3) investigation diligent/expeditious.

Extension process

Must be before 24h expires (after 2nd review), reasons explained, noted in record, suspect/solicitor allowed to make representations.

Beyond 36 hours

ss.43

Detention times summary

24h (all offences), 36h (indictable, superintendent), 96h (indictable, magistrates).

Summary-only offences

Cannot extend beyond 24h.

Use of force

s.117 PACE: reasonable force allowed to exercise powers, incl. arrest/detention.

Handcuffs

Only if necessary to prevent escape or violence.

Caution after arrest

“You do not have to say anything, but it may harm your defence…” (Code C). Failure ≠ unlawful arrest, but breach of Code C.