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
        • 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)
    • 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)

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