Police Powers- Arrest

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  • Created by: Eleanor
  • Created on: 18-10-14 12:27
What does section 24 of PACE require?
Reasonable belief suspect committed, is committing or will commit an offence. Must also be necessary
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What is the necessity test?
1) To:ascertain name and address; prevent person causing injury to self/others; prevent offence against public decency; protect vulnerable person/child and allow prompt investigation
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What does the code for arrest say?
Must have reasonable grounds for suspecting persons involvement or attempted involvement; reasonable grounds for believing arrest to be necessary; may use reasonable force etc.
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What does s28 of PACE say?
Suspect must be told grounds for arrest and that they are being arrested in non-technical terms
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What does section 46A say?
Person can be arrested on the grounds of breach of bail ie not reporting to Police Station at set time.
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Which act amended section 46A?
Criminal Justice and Public Order Act 1994
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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
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Which law allows for arrest with a warrant?
s1 of the Magistrates Court Act 1980
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What do the police require to apply for a warrant?
Suspect's name, address and the reason for arrest
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What does PACE mean?
Police and Criminal Evidence Act
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When was PACE created?
1984
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When was PACE created?
1984
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Which section of which act amended s24 of PACE
s110 of the Serious Organised Crime
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When was PACE created?
1984
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Other cards in this set

Card 2

Front

What is the necessity test?

Back

1) To:ascertain name and address; prevent person causing injury to self/others; prevent offence against public decency; protect vulnerable person/child and allow prompt investigation

Card 3

Front

What does the code for arrest say?

Back

Preview of the front of card 3

Card 4

Front

What does s28 of PACE say?

Back

Preview of the front of card 4

Card 5

Front

What does section 46A say?

Back

Preview of the front of card 5
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