Powers to arrest

Powers to arrest

1. S.24 PACE 1984

   • Sets out the powers police have to arrest someone.
   • Completely changed at end of 2005 by The Serious Organised Crime and Police Act 2005 (SOCPA)
     • The Changes
       • Before there HAD to be an "arrestable offence" + there were such things as a non arrestable offence. NOW CAN ARREST FOR ANY OFFENCE.
   • A constable may arrest anyone without a warrant
     • A) anyone about to commit an offence
     • B) anyone who is in the act of commiting a crime
     • C) anyone who they have reas. grounds id about to commit a crime
     • D) anyone whom they have reas. grounds is commiting a crime
     • E) S.24(2) states office may arrest if reas. grounds offence has been commited

2. Necessity Test

   • IS FOR PRIVATE CITIZEN PROTECTION
   • Can arrest IF officer has reas grounds arrest is necessary.
     • 4 E.g.s
       • To protect a child/ vulnerable person
       • To allow the prompt and effective investigation of the offence/ of the interest of the person
         • Part most open to abuse
       • To prevent any prosecution for the offence from being hindered by the disappearance of person in question.
       • Suffering physical injury.

3. CODE OF PRACTICE G

   • Stresses
     • A person's involvement/suspected involvement or attempted involvement AND
     • Reas Grounds for believing person's arrest is necessary.
       • It states that the arresting officer MUST tell the person they are being arrested + give reason.
       • No set form of words + may use reas. force.

4. OTHER POWERS OF ARREST

   • Arrest for breaching police bail
   • Arrest for breaching the peace
   • Arrest by a private citizen.
   • Arrest with a warrant
   • Under Mag Court Act 1980, a mag can give a warrant for arrest to constable when offence will be tried at crown court/ punishment = prison not fine
   • Police will ask mags to issue warrant for D as of commited offence/ believed to of commited offence.
   • Minor cases = mag summons D to court = no need for warrant.