Arrest

Arrest

1. Power

   • Provisions of specific act
   • S.24 PACE, S.24A citizen arrest
   • Court order or warrent
   • Common Law

2. All arrests

   • Told under arrest as soon as pratical
   • Told arrested even if obvious
   • When arrested by constable, informed of grounds of arrest
   • When arrested by constable, told grounds even if obvious

3. Code G PACE, requires officer to record following information.

   • The nature and circumstances of offence
   • Reason why arrest was necessary
   • Giving of caution
   • Anything said by person on arrest

4. Caution

   • Must be cautioned on arrest of further arrest, Unless: where its impracticable due to persons condition or behaviour, or where they have already been cautioned before.
   • You do not have to say anything. But it may harm your defence if you do not mention when questions something which you later rely on in court. Anything you do say may be given in evidence.

5. When necessary reasonable force may be used:

   • S,117 Police and Criminal Evidence Act 1984
   • Test for reasonability will be determined by courts

6. Necessity test

   • Arresting without a warrant. Constable to examine and justify arrest, must take into account situation, nature of offence, circumstances, needs of the investigation
     • A. name of person to be ascertained. B. Same for address. C. to prevent the person to casue injury, loss or damage of property, offending against public decency, causing unlawful obstruction on highway. D. to protect child or vulnerable child. E. Prompt and effective investigation. F. Prevent prosecution being hindered by disappearance of person.

7. Constable powers of arrest

   • Reasonable grounds? Lawfulness of the arrest, The necessity criteria

8. The Castorina Test

   • To establish lawfulness of arrest
   • The stages: 1. Did officer suspect guilty of offence, 2. reasonable grounds for suspicion , 3. Was officers acts reasonable in circumstances.

9. Lawfulness of arrest, requires two elements.

   • persons, suspected, attempted or involvement in criminal offence
     • Reasonable grounds arrest is necessary
       • never necessary if no reasonable grounds to suspect