Police Powers - Arrest

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Arrest
Arrests can be made withor without a warrant.
Arrest w/ a warrant:
The police in some cases can make an application to a
Magistrate for a warrant to arrest a names person. This is issued
under S1 of the Magistrates Court Act 1980 .
Arrest w/o a warrant:
The main power for the police to arrest a suspect comes from S24 of PACE 1984 as amended by
Serious Organised Crime and Public Order Act 2005
and the
Criminal Justice Act 2003and the
Codes of Practice (Code G)
Code G:
This gives the guidelines for an arrest.
The police can arrest anyone who is, has or is about to commit an offence , or the
officer has reasonable grounds for suspecting that the suspect is, has or is about to
commit an offence.
The police may use reasonable force to carry out an arrest.
Police have the power to search the arrested person for anything which might be used
to help them escape , or anything which might be evidence relating to an offence.
Limitations of police's power to arrest
1) Code G established the `Necessity Test' on which an
officer has the power to arrest. It means that the
officer can only arrest if they have reasonable
grounds for believing it necessary to make an
arrest for one of the following reasons:
2) The police must tell the person at the time of
arrest or ASAP that they are under arrest and the
reason for arrest in plain understandable words .
3) Why the arrest is necessary and give the caution .
4) The officer must identify themselves if not in
uniform to make the arrest lawful.
Individual's Rights
To be told you've been arrested & why
To be cautioned
To only be subjected to reasonable force
For any evidence obtained before they were arrestedor cautioned to be inadmissible in
court

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Cases
Richardson v Chief McConnell v Chief Bibby v Chief Constable of Taylor v Chief
Constable of West Constable of Greater Essex Police Constable of Thames
Midlands Manchester Valley Police
Necessity test Breach of Peace Breach of Peace Whether the
Richardson attended McConnell asked In this case the CoA words were in
an interview to leave carpet summarised the plain English
voluntarily shop by manager conditions which must Taylor, 10, threw
Arrested upon Police officer took apply for the common stones during
arrival him outside…read more

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