S24 2.2 of PACE 1984
Three parts to an arrest
1) Officer must make it clear the person is being arrested
2) The arrested person must submit, which may involve physical restraint
3) The arresting officer must make the grounds for arrest clear
Knowledge, submission, grounds (KSG)
What does PACE 1984 stand for?
The Police and Criminal Evidence Act 1984
What does PACE 1984 set out?
Police procedures for making arrests
Castorina v CC of Surrey 1998
If both are true, the arrest is lawful
1) Did the officer suspect the person was guilty? - subjective
2) Did the officer have reasonable proof for that suspicion? - objective
s1 and s2 of PACE 1984
There’s no breach of A5 if the police stop and search people or vehicles in a public place when…
1) Looking for stolen or prohibited items
2) If he has reasonable grounds to believe he or she will find one of these items
3) Based on some form of intelligence
Looking, reasonable, intelligence
How to get a warrant
The police apply to a magistrate for a warrant for sufficient reasons such as to authorize an arrest, enter a premises or to seize property - Arrest, enter, seize
When should someone be arrested to keep the peace? (not related to PACE)
If there’s a sufficiently serious and imminent threat
R v Howell
A breach of the peace is a positive act that harms a person or his property or putting someone in fear of that harm being done
s28 of PACE 1984
The arrested must be informed that he or she is under arrest as soon as possible
Murphy v Oxford
Unlawful arrest, ‘on suspicion of burglary’ but no mention of when and where
Adler v CPS
Lawful arrest, despite the officer being out of uniform
S24.5 of PACE 1984 - An arrest must be based on one or more of the following… (5)
1) Police can check identity of the person arrested
2) Prevent D from causing damage and harm
3) To investigate the offence effectively
4) To prevent D disappearing
5) To protect a child or vulnerable individual from D
Where are people taken upon arrest?
The police station
What are those arrested to entitled to?
Legal advice
