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PACE

Arrest & Neccessity 2

QuestionAnswer
What are the 3 elements required for a lawful s.24 PACE arrest? 1) An offence has been/is being/is suspected of being committed 2) By that person 3) Arrest is necessary (one of the statutory reasons)
What must you tell a person at the point of arrest? 1) That they are under arrest 2) The offence 3) The grounds/reason 4) The caution
When must these things be told to the arrested person? At the time of arrest, or as soon as practicable after if not possible at the time
What happens if grounds/reason are never given? The arrest is rendered unlawful
List the statutory necessity criteria for arrest (mnemonic: COP PLAN B) Child (protect), Obstruct highway (prevent), Physical injury (prevent to self/others), Public decency (prevent offence against), Loss/damage to property (prevent), Address (ascertain), Name (ascertain), InvestigationBail/disappearance (prevent absconding)
Which Human Rights Act article is engaged by every arrest, and underpins why necessity is required? Article 5 — right to liberty and security
What section of PACE governs the use of reasonable force in exercising police powers? s.117 PACE
What is "voluntary attendance" and how does it differ from arrest? A person attends a police station or agrees to be interviewed without being arrested — they are free to leave at any time and must be told this
What is a "citizen's arrest" and under what Act? A power for any person (not just police) to arrest under s.24A PACE, for an indictable offence, only where a constable is not reasonably able to act and arrest is necessary
Can you use force to enter premises to make an arrest, and under what section? Yes, under s.17 PACE, if certain conditions are met (e.g. arrest for an indictable offence, or to save life/limb)
What does PLEASE stand for (s.17 PACE powers of entry)? Pursuit of a person unlawfully at large, Life/limb or serious property damage (prevent), Execute a warrant, Arrest for an indictable/certain other offence, Specified elsewhere in statute, Escape from lawful custody
Created by: UPJP
 

 



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