Police powers- arrest

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Police powers- arrest

Causes

  • Magistrates Act 1980-with warrant
  • SOCPA 2005- without warrant
  • s24 and Code G
  • Necessity test
  • Castronia v CC Surrey 1988
  • O'Hara v CC Ruc 1997
  • Hough 2001
  • Richardson 2011
  • s28
  • s30
  • s32
  • s117
  • Other types of arrest

Effects

  • Bail breached or fail to appear in court
  • Can arrest for any offence
  • Arrest
  • COPPLAND
  • Reasonable suspicion- even if was innocent
  • Two stage test- subjective and objective
  • error on system- police acted on information present
  • If volunteer to help police then can go at anytime
  • Caution
  • Take to nearest police station ASAP after 6 hours
  • Person can be searched on arrest
  • Can use reasonable force
  • Breach of peace, terrorism, citizens arrest (s24 R v Self 1992)

Overall summary

C-protect childO-prevent unlawful obstruction of highwayP- prompt investigationP-prevent harmL-loss/damage of propertyA-address unclearN-name unclearD-risk of suspect disappearing

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