PACE 1984

PACE 1984

1. s24 PACE 1984/CODE G; (Statutory power of arrest without a warrant)

   • s24 PACE - Lawful arrest; person's involvement or suspected involvement in the commission of an offence; and reasonable grounds for believing that the person's arrest is necessary
   • s24(5) sets out six criteria for whether the arrest is necessary:-
     • 1) Enable the person's name to be ascertained 2) Enable officer to ascertain a person's address 3) Prevent the person causing injury to themselves or others, causing loss or damage to property etc 4) Protect a child 5) Allow prompt investigation 6) prevent disappearance of person
   • S24A PACE 1984; Private citizens arrest - only where they are causing physical injury, loss or damage to property, making off before a constable can catch
   • O'Hara v Chief Constable of the Royal Ulster Constabulary 1997
     • Test: judge weather there was a suspicion in his mind (subjective) and whether there was reasonable grounds for the suspicion (objective)

2. s28 PACE

   • Suspect must be told of his arrest and the grounds for it, either at the time or as soon as reasonably practicable ARTICLE 5 ECHR
   • Code C (right to remain silent)

3. s30 PACE 1984

   • Suspect must be immediately taken to police station
   • s30A - or police can grant street bail

4. s117 PACE 1984

   • Reasonable force must be carried out

5. s32(1) PACE 1984

   • Police officer can search an arrested person if he believes he may present danger; may be concealing anything in evidence; which he may use to escape

6. Procedure on arrest

   • Suspect taken to police station
     • Handed over to custody officer in accordance with Code C (sergeant rank) duty to keep a custody record - told of rights under PACE 1984
       • Custody officer may order a search of the person. s54 PACE.
         • Officer must decide whether there is sufficient evidence to charge the suspect
           • If insufficient evidence to charge, can detain the suspect whilst evidence is gathered

7. Human Rights Act 1998

   • Art 3: prohibition of torture and inhuman or degrading treatment (absolute right)
   • Art 5: Right to liberty and security of person, right now to be arrested without lawful authority
   • Art 6: right to fair trial (absolute but not defined)
   • Art 8: right to respect of private life, family life, home and correspondence (qualified right)