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PACE

Arrest & Neccessity

QuestionAnswer
What are the 3 elements needed for a lawful s.24 PACE arrest? 1) Offence committed/being committed/suspected 2) It's a genuine offence 3) Necessity (one of the statutory reasons)
What happens if an arrest is made without stating grounds/necessity? It renders the arrest unlawful — must be told immediately or as soon as practicable
What does COP PLAN B stand for (arrest necessity criteria)? Child (protect), Obstruction of highway, Physical injury (prevent), Public decency, Loss/damage (prevent), Address (ascertain), Name (ascertain), Investigation (prompt/effective), Bail/disappearance (prevent absconding)
Which Human Rights Act article underpins the necessity criteria for arrest? Article 5 — right to liberty
What must you tell someone at the point of arrest? (4 things) 1) That they are under arrest 2) The offence 3) The grounds 4) The caution
What does PLEASE stand for (s.17 PACE powers of entry)? Pursuit of person unlawfully at large, Life & limb (or prevent serious damage), Execute a warrant, Arrest for indictable/either-way offence, Specified in another Act, Escape from lawful detention
Created by: UPJP
 

 



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