Police Powers- Arrest

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  • Created by: Eleanor
  • Created on: 18-10-14 12:27

1. What does the common law case for Breach of the Peace say?

  • 4 conditions i) there is a real and present threat that justifies the loss of a person's civil liberties ii) the threat is coming from the person being arrested iii)their conduct interferes with the rights of others and iv conduct is unreasonable
  • i) there is a real threat ii) anyone can be arrested
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2. Which common law case outlines the rules for arrests under the Breach of the Peace?

  • Bibby v Chief Constable Essex Police 2000
  • Osman v DPP

3. Which act amended section 46A?

  • Criminal Justice and Public Order Act 1994
  • Serious Organised Crime and Police Act 2005
  • Police and Criminal Evidence Act 1984

4. What does s28 of PACE say?

  • Suspect must be told grounds for arrest and that they are being arrested in non-technical terms
  • There must be 28 officers present
  • Must be taken to the police station ASAP

5. What does PACE mean?

  • Police and Criminal Evidence Act
  • Police and Compromised Evidence Act
  • Police and Collected Evidence Act

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