Arrest - Statutory Powers

Why is it important that an arrest is conducted lawfully?

breach of liberty through unlawful arrest

Powers of arrest exist in what two ways

• through a warrant

• without an arrest

Under s.24 is a warrant required? Explain

No s.24 gives powers to arrest without a warrant and through statutory power

Who has the power to make an arrest under s.24 PACE?

constable

When can an arrest be made? [hint: 2 stages]

1. You’ve been involved; suspected or attempted to be involved in committing or about to commit a criminal offence

2. the arrest is necessary

What requirements are needed for suspicion? Make reference to Code G

Code G requires that there is reasonable objective grounds for suspicion based on facts and info

What are the grounds of necessity for arrest? Make reference to the relevant provision of PACE

• s.24(5)

• (a) establish a person’s name including when there is doubt to the real name

• (b) person’s address

• c) preventing physical injury; loss or damage to property; committing an offence against public decency; unlawful obstruction of the highway

• d) protecting a child or other vulnerable person

• e) allow the prompt and effective investigation of the offence or of the conduct of the person in question

• f) prevent disappearance of the person in question

Under s.24A a citizen can make an arrest without a warrant true of false? Explain with reference to the relevant provision

True - s.24A(1) says any person other than a constable may arrest without a warrant

Under what grounds can a citizen make an arrest under s.24A?

1. suspicion of committing or has committed an indictable offence

2. necessary and not reasonably practicable for a constable to make it instead

3. prevent physical injury; loss or damage to the property or preventing the person from leaving [making off] before a constable can assume responsibility for them

True or false a person does not need to informed of arrest where it is obvious, Make reference to the relevant subsection of s.28

False -s.28(2) required to be informed of the arrest even where arrest is obvious

What is the significance of s.28 PACE? [hint: lawfulness of arrest]

Requires for a person to be informed of their arrest and the grounds of arrest - without this an arrest will not be lawful with the exception under s.28(5) being that the person escaped before they could be told that they were under arrest and the ground of arrest

What is the significance of s.30?

arrest can be made at any place other than a police station but there is expectation that the person will be taken by a constable to the police station as soon as practicable after the arrest unless subsection 7 and 7a applies namely that the police are satisfied that there are no grounds for keeping them under arrest meaning they should be released without bail

under S.30(6) if the first police station to which an arrested person is taken after his arrest is not ? he shall be taken to a ? not more than ? unless he is ?

1. designated police station

2. designated police station

3. 6 hours after his arrival at the first police station

4. released previously

What does s.30A give a constable to do following an arrest?

release on bail in circumstances where the person was arrested anywhere other than the police station mentioned in section 30

When may a constable grant bail under s.30A?

• s.30A(1A)

• satisfied that bail is necessary and proportionate

• when representations have been made

What is the significance of s.30A (1B)

• outlines the factors constable considers for releasing someone on bail

• need to secure that the person surrenders to custody

• need to prevent offending

• need to safeguard victims and witnesses taking into account vulnerabilities

• need to safeguard the person arrested taking into account vulnerabilities

• manage risks to the public

s.30A(3) A person released on bail under subsection 1 must be required to?

attend a police station

s.30A(3B) grants the constable to do what and in what circumstances?

imposed bail conditions were considered necessary

What is the significance of s.30B?

• notice of release under s.30A

• content of notice: offence arrested, ground for arrest, whether the person was released without bail or on bail; police station they are required to attend and the bail to return date and time and any conditions

What is the significance of s.30A and s.30CB

allows variation of bail conditions based on necessity

s.30CB - same but imposed by the court

What happens if you fail to answer bail? Make reference to relevant provision of PACE?

• you can be arrested - s.30D

What is the significance of s.31?

You can be arrested for a further offence

What is the significance of s.32?

a search can be conducted upon arrest if there are reasonable grounds of the following:

• danger to themselves or others

• have anything that could allow them to escape from custody

• evidence relating to the offence

• if its an indictable offence to search in premises any evidence before or after arrest

AND under s.30(5) requires reasonable grounds that the person is concealing evidence

What is the requirement to conduct a search under s.32?

reasonable and for purpose of discovering a thing or any evidence - s.32(3)

s.32 (4) states what can/cannot be removed in a search in public

cannot remove any clothing in public other than an outer coat, jacket or gloves

What is the significance of section 30(8) and s.30(9) in terms of a constable’s right to seizure?

• subsection 8 - can seize and retain if reasonable grounds it would cause injury to themself or others

• subsection 9 - can seize and retain if reasonable grounds for believing it will assist in escaping lawful custody or evidence of an offence or obtained in consequence of commission of an offence

What is the significance of s.33 PACE?

An arrest through a warrant

When a person is arrested they must be what under Code G para 3

• Caution

• “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”

Does a person have to be cautioned again when there is a further arrest? Make reference to Code G

Yes - para 3 unless impracticable because of their condition or behaviour at the time or already cautioned prior to arrest i.e. suspected of an offence

What does a record of arrest include under para 4 of Code G

• nature and circumstances of the offence leading to the arrest

• reason(s) why arrest was necessary

• caution

• anything said by the person at the time of arrest

When can be force be used in making an arrest? make reference to the relevant provision

when it is reasonable - s.117

street bail may be granted? - s.30A

if police want to investigate instead of doing an interview and believe you would attend voluntarily