PACE 1984

PACE 1984

1. Powers of arrest

   • Without warrant
     • s24(1) - (3)
       • (1) - constable may arrest w/o warrant someone about to/in the act of/reasonable groups to suspect are/are about to commit an offence
         • (2) - if constable thinks guilty, can arrest w/o warrant anyone he reasonably expects is guilty
           • (3) - if offences have been committed, may arrest anyone guilty and anyone reasonably suspect to be guilty
     • Necessity
       • s24(4): must be reasonable ground to believe it is necessary to arrest the person
       • s24(5): criteria for necessity: to enable name of person/adress to be ascertained, to prevent injury/loss/indecency/obstruction, to protect child/vulnerable person, to allow investigation/prosecution
       • Code G
         • Para 1.2: the power of arrest has an interference with the right to liberty and security
         • Para 1.3: absence of justification for exercising a power of arrest may lead to unlawful arrest/false imprisonment. Power of arrest must be exercised in a non-discriminatory and proportionate manner compatible with Art 5.
   • With warrant
     • Application to magistrate to get a warrant
       • May/may not be backed for bail
   • Arrest by private citizens
     • s24: guilty/reasonable grounds to suspect guilty of indictable offence
     • if no other way to ensure arrest and prevent injury/loss/escape

2. Detention at the police station

   • Voluntary attendance
     • s29: can leave at any time.
   • s37: custody officer decides if enough evidence to charge
   • s54: can search suspect to complete custody records
   • Ss38 and 63B: custody officer can detain suspects under 18 to test for class A drugs.
   • S63B PACE 1984: can demand urine sample before/after charge to test for class A drugs.
   • s37(2) PACE 1984: must be released if insufficient evidence, unless there is reasonable grounds to believe that detaining without charge is necessary to secure/preserve evidence or to question them
   • s39 PACE 1984 : duty to keep a custody record providing full details of the detention
   • s50A(a): If released on bail before charge, bail must be necessary and proportionate
   • s550A(b): If released on bail before charge, bail must be authorised by inspector
   • s47ZC : Authorising officer for bail must be satisfied that conditions under s47ZC PACE 1984 are met: A. Reasonable grounds to suspect guilt B.Further investigation/time is needed C.Investigation/charging decision is conducted diligently and expeditiously D.Release on bail is necessary and proportionate.
   • s41 PACE 1984: detained for 24 hours without charge
   • s40 PACE 1984 : review officer make regular reviews of detention
   • s34(2) PACE 1984: must be released if no longer grounds for detention.

3. The procedure on arrest

   • s28: suspect must be told facts/grounds/nature/reason for arrest ASAP and in simple language
   • s117: reasonable force may be used to carry out an arrest
   • s30: should be taken immediately to police station, unless reasonable not to
   • s30A: can grant street bail
   • s78: if lawful arrest requirements not met, evidence inadmissable

4. Search of a person upon arrest

   • s32 (1) - (4) search if reasonable grounds they present a danger, have something to escape/be evidence
   • s32: can only require person to remove outer coat/gloves etc. Can search mouth. If indictable/either-way, can enter and search premises suspect was in at time of, or immediately before their arrest.

5. Codes of Practice

   • • Code A – pre-arrest stop and search;
   • Code B – searching of premises and seizure of property
   • Code C – detention, treatment and questioning
   • Code D – identification
   • • Code E – audio-recording of interviews with suspects
   • Code F: video recording of interviews
   • • Code G – statutory powers of arrest by police officers
   • • Code H – detention, treatment and questioning under TA 2000