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PACE 1984

Emma Skinner English

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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)

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Mind Map on PACE 1984, created by Emma Skinner on 09/04/2016.
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Emma Skinner
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