Challenges in Court - what was held in R (Gillan) v Metropolitan Police Commissioner 2006?
Student and journalist stopped under s.44 in London. HL - stops were justified as they were meant to prevent terrorism. S&S did not interfere with liberty or privacy - proportionate act with countering terrorism.
What was held in Gillan and Quinton v UK European Court of the Human Rights 2010?
EHRC found a violation of Article 8 from the UK Government. Applicants were deprived of freedom during the stop and search. Powers of s.44 were NOT in accordance with the law since they were not sufficiently limited or subject to adequate legal safeguards.
What was the UK’s response to Gillan and Quinton v UK European Court of the Human Rights 2010?
Gov would not appeal against the decision that the stop and searches were drawn too widely. Gov would not allow the continued use of s.44. Sections of 47a - c had been inserted. - Protection of freedoms act 2000
Power of an arrest - What is an arrest defined as? (Spicer v Holt) 1977
Deprivation of an individuals liberty to go where he pleases.
In relation to the evidence act 1984 - what was held in Holgate - Mohammed v Duke 1984?
Arrest is held as a continuing act. A person remains under arrest until released or remanded. An arrest can be unlawful and then become lawful.
What was held in
Lewis v Chief Constable of South Wales in relation to an arrest?
An arrest is a matter of fact - can be lawful or unlawful.
Where do the legal powers to arrest derive from?
Common law - power is given to someone whom breaches the peace
Statutory - s.24 of the Police and Criminal Evidence Act 1984 (pace)
What was the original division of offences from the PACE act?
- arrestable
- non-arrestable
What are the condition’s in which enable a police officer to perform an arrest?
- the officer has reasonable grounds to suspect that an offence has been or is being committed
- that an arrest is believed to be necessary for any reasons specified in s.24(5) of PACE this includes - (i) discovering the suspect’s identity, (ii) preventing injury or damage to property, (iii) protecting a vulnerable person, or (iv) for the prompt and effective investigation of the offence or the suspect’s conduct
What is the main principle of an arrest established by the police?
It is a power not a duty in which they may or may not exercise.
why should an arrest be used with care?
Since arresting a person involves a deprivation of liberty within the meaning of Article 5 of the European Convention on Human Rights (ECHR) it is important that it is used with care
What are the safeguards for arrest powers?
- Requirement of reasonable suspicion
- Requirement to provide information
- The right to legal advice
What was held in Dumbell v Roberts 1944 in relation to reasonable suspicion?
The power to arrest is one in which may become easily abused in which becoming a danger to the community as oppose to protection.
What is the key point to remember with Hussein v Chong Fook Kam 1970?
Suspicion is a lacking in proof.
What are the three principles established in Castorina v Chief Constable of Surrey (1988) in establishing whether an arrest is lawful?
- Was the arrest influenced by suspicion that the individual had committed an offence - subjective test.
- Was there reasonable cause for suspicion - objective
- Two above = yes, officer has discretion established in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948]
What is meant when a police officer cannot prove there was reasonable grounds for suspicion?
The arrest was unlawful
What was held in O’Hara v Chief Constable of the RUC 1997? (reasonable grounds for suspicion)
Arrest of suspected terrorist: ‘reasonable cause’ could be based on an anonymous ‘tip-off’ as opposed to something the police officer has seen or heard themselves.
- It cannot be based off an order alone.
What are the four established Wednesday principles held in the case Associated Provincial Picture Houses v Wednesbury [1948]?
- A genuine exercise of discretion
- Taking into account relevant matters
- Honestly
- For the purposes for which the power was given
Duty to provide information to an arrested suspect - Christie v Leachinsky 1947
Arrest without a warrant or on the grounds of reasonable suspicion - he must inform the individual for the true grounds of arrest.
What is held in Section 28 of the Police and Criminal Evidence Act 1984?
- That they are under arrest
- The ground/reason for the arrest
What was held in Abbassy v Commissioner of the Police for the Metropolis ?
That whether a person has been properly in formed on the grounds for their arrest is a question of fact in which must be established by the jury.
Do police officers have to state ‘you are under arrest’ when performing an arrest?
You’re nicked may suffice - Clarke v Chief Constable of North Wales Police 2000
What is the legal consequence of failing to provide necessary information?
The arrest will be unlawful (PACE)
What was held in DPP v Hawkins [1988]?
The information must be provided as soon as possible.
