Police and Criminal Evidence Act 1984

Summarising powers of arrest and stop and search under the Police and Criminal Evidence Act 1984 (PACE)

HideShow resource information
  • Created by: Callum
  • Created on: 10-05-11 08:44

PACE

Police and Criminal Evidence Act 1984

  • Code A on stop and search powers
  • Code B on powers to search premises and seize property
  • Code C dealing with the detention and questioning of suspects
  • Code D on rules for identification procedures
  • Code E on tape-recording of interviews with suspects
  • Code F on visual recording with sound of interviews
  • Code G on powers of arrest
  • Code H on detention, treatment and questioning of those arrested under s41 of the Terrorism Act 200
1 of 4

Powers of arrest under PACE

Section 24 of the Police and Criminal Evidence Act 1984 (PACE) sets out the powers the police have to arrest suspects.

s 24(1) - A constable may arrest without a warrant

  • anyone who is about to commit an offence
  • anyone who is in the act of committing an offence
  • anyone whom he/she has reasonable grounds for suspecting to be about to commit an offence
  • anyone whom he/she has reasonable grounds for suspecting to be committing an offence

 s 24(2) - 'If a constable has reasonable grounds for suspecting that an offence has been commited, he may arrest anyone without a warrent whom he has reasonable grounds to suspect of being guilty of it'

2 of 4

Powers of arrest under PACE cont.

s 24(3) - If an offence has been committed an arrest may be made without warrent on

  • anyone who is guilty of the offence
  • anyone who he/she has reasonable grounds for suspecting to be guity of it

 

Basically an arrest can be made it someone has committed an offence, is in the process of committing an offence or anyone who is about to commit an offence. Also if the constable has reasonable grounds to suspect someone of any of the above an arrest can be made.

Reasonable Ground - A set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond a mere suspicion

3 of 4

Powers of stop and search under PACE

The main police power to stop and search people is given under s1 of PACE. This gives the police the right to stop and search people and vehicles in a public place. To stop and search under PACE, a police officer must have reasonable grounds for suspecting that the person is in possession of (or their vehicle contains) stolen goods or prohibited articles.

As these powers are very wide there are safeguards. PACE states that the police officer must give his name and station. In Osman v DPP (1999) the officers did not give his names or station. The search was made unlawful so Osman could not be found guilty.

If the search is in public the police can only request the suspect to remove his outer coat, jacket and gloves (s 2(9) of PACE). The officer must also make a written report asap after the search.

4 of 4

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »