Was the arrest lawful?
- Created by: graceleah
- Created on: 24-10-18 15:45
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- Was the arrest lawful?
- 1. Was there an arrest?
- (a) Physical restraint with/without words – Alderson v Booth OR (b) Use of words coupled with submission –Licciardello v R
- 2. Was the arrest itself lawful?
- Reasonably necessary (s 365(1) PPRA)
- preserve safety or welfare?
- questioning/ investigation? s 365(2)
- prevent an offence?
- Failure to obey PO? (s791) - but warning given? - (s633)
- Move on powers
- s46(1) behaviour/ s47 presence
- s44 public space
- s40 name/ address for s41 reasons
- Move on powers
- Reasonable suspicion? s 365(1) (R v N)
- A suspicion which amounts to nothing may still be reasonable (Coleman v Power)
- 3. Was the use of force necessary? (s615(1) PPRA)
- Lawful for an officer to use reasonably necessary force to exercise or attempt to exercise a power under the PPRA - Whitelaw v Sullivan
- Appropriate and adapted to the purpose, linked to proportionality (Thomas v Mowbray)
- Lawful for an officer to use reasonably necessary force to exercise or attempt to exercise a power under the PPRA - Whitelaw v Sullivan
- Reasonably necessary (s 365(1) PPRA)
- Consider alternatives to arrest
- Unlawful arrest means evidence may not be admitted by the court (eg. confessions) & other actions which rest on arrest may also be unlawful (Courtney v Thompson)
- 1. Was there an arrest?
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