Powers of Arrest

Report
English Legal System
Police Powers (2)
Powers of Arrest
Homework
• The topic is citizen’s arrest. I would like you to
produce a guide aimed at young people,
explaining when a private citizen can arrest
someone, and the limitations on this power.
Please take care to use recent Acts (references to
s25 of PACE are outdated, and no longer exist) and
refer to at least one case.
• Remember that you should also include a
reference to the two most useful sources you
used.
– If you are using a website (you should use a range
of sources) then you will need the full URL
– If you are referencing books, you should follow the
example below:
Fyfe, D Mrs Fyfe’s Fantastic Guide to Law
(Penguin, London 2012)
Help with the Task
o A legal guide to
citizen’s arrest
Guardian.co.uk
o R v Self 1992
http://www.rjerr
ard.co.uk/law/cases/s
elf.htm
o Martin, J AS Law
for OCR (2nd
edition; Hodder
Education 2011)
p/46
First a quick recap
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Across
3. Key statute covering the powers of the police to stop & search (4)
4. One of the reasons, which may not be enough under code A to stop &
search (8)
7. One of the grounds under which the police may not stop and search
alone (4)
8. One of the things, which may be stopped and searched (7)
9. Case confirming that the police must give their name, station and reason
(5)
10. You may remove these items if asked (6)
12 ___________________ v Cox. Case which establishes that you can’t be
obnoxious if asked a question (8)
13. Type of force which the police may use to stop & search (10)
14. Type of record which should be given to the suspect (7)
Down
1. Initials of an Act which gives the police more powers to stop and search.
(5)
2. Type of substance which may be searched for under the Misuse of Drugs
Act 1971. (10)
3. Type of area where a suspect may be stopped and searched. (6)
5. Act which has recently been reformed to improve (!!!) the protections
for stop and search (9)
6. One of the things which may be stopped and searched for (bang!!) (9)
11. Right which was the subject of a successful challenge to the old
terrorism stop and search powers
By the end of this, you will be able to:
• Explain when the police can arrest an
individual with a warrant
• Explain when the police can arrest an
individual without a warrant
• Understand how the common law
powers of arrest for breach of the
peace operate
• Describe the manner in which the
police must arrest people
• Evaluate these powers and how
effective they are
What is the purpose of an arrest?
Power One:
Breach of the Peace
“An act done or threatened to be done which either actually harms a person, or in
his presence, his property, or is likely to cause such harm being done”
Do these common law powers apply to
private premises?
McConnell v CC of Greater Manchester
(1990)
Power two:
Arrest WITH a warrant
Magistrate’s Act 1980 s.1
Power three:
Arrest WITHOUT a warrant
Now……
Can you complete the following tasks?
•
Under the new section, the police can
arrest, without a warrant:
•
When can the police arrest a suspect
now?
•
What do you think of the changes?
•
Why might they have been introduced?
Although the police do retain a great deal of
discretion over when to arrest or not.
Who can they now arrest?
Situation One:
Present or future situations
Situation Two:
Past situations
Situation Three:
Past possible situations
(a) Anyone who is about to commit an offence
(b) Anyone who is in the act of committing an
offence
(c) Anyone whom he has reasonable grounds for
suspecting to be about to commit an offence
(d) Anyone whom he has reasonable grounds for
suspecting to be committing an offence
(a) Anyone who is guilty of the offence
(b) Anyone whom he has reasonable grounds for
suspecting to be guilty of it
A constable has reasonable grounds for suspecting
that an offence has been committed, he may arrest
anyone without a warrant whom he has reasonable
grounds to suspect is guilty of it
In summary
A police constable may arrest, without a
warrant:
–Anyone who he reasonably suspects
has committed, is committing, or is
about to commit an offence.
Isn’t that a little on the broad side?!!!
Because the powers are broader, we need a
limitation……
Even if s.24 applies, the PC can only arrest if it
is NECESSARY on REASONABLE GROUNDS to
arrest them on one of the following grounds….
This is known as the NECESSITY TEST and is so
important that it isn’t just in s.24, but also in
Code G.
When might an arrest be ‘necessary’?
To discover the name or
address of the suspect
To prevent prosecution
being hindered by the
disappearance …..
To protect a child or
vulnerable person
To allow for the prompt
& effective investigation
of the offence or
person’s conduct
To prevent the suspect:
1. Causing physical harm to
himself or others
2. Suffering physical injury
3. Causing loss or damage to
property
4. Committing an offence
against public decency
5. Causing an unlawful
obstruction of the highway
Are there any limitations
under SOCPA 2005?
AO2: Does the ‘necessary’ condition impose enough limitations?
What is
reasonable
suspicion?
When might an
arrest NOT be
necessary?
“known facts or
information”
G v DPP 1989
Are these arrests necessary?
• PC Bob is walking past a house when he sees Jim up a ladder
leaning in a window. He asks him to come down and for some ID.
However, Jim has no ID, and no keys. PC Bob arrests him for
attempted burglary.
• PC Bob sees Jane hit John in the face with a fist, breaking his nose.
He arrests Jane. At the trial Jane is acquitted as it turned out she
was defending herself after John tried to rob and assault her.
• PC Bob receives information that a tall man with green hair is
wanted in connection with a serious assault which took place
earlier in the day. He sees Louis, who is 6ft 7in and has green hair,
he arrests him.
Manner of arrest
Manner?
The police may use…
Protects the individual’s
rights by…
Any problems?
(wood v DPP (2008))
The police must take the
suspect….PACE 1984
The police may search for..
The police must give them
the….
Caution – do you know the words!
The police must make a ….
This should include….
The police must tell them…
Taylor v CC of Thames Valley Police (2004)
Remember: the police don’t have to arrest you. What else could they do?
(AO2): Does arrest work?
The necessity
test
Who is most
likely to be
prosecuted?
There are a lot
of safeguards
Look at each of
the following
statements
and add your
own thoughts
Ethnic
monitoring of
arrested
persons
Use of police
discretion
17.6% of
arrests end in
conviction
Can you be arrested for the following?
You are about to rob an old lady
You have been identified (wrongly) as being involved in a murder
You are drunk
You tell the police your name is HRH Elizabeth Windsor
You tell the police that you live at 10 Downing Street, Westminster
You urinate in the street
How much do you recall?
The purpose of arrest is…
A warrant, under s.24 PACE 1984
The common law power is…
Arrestable offences
They may also arrest using a …
s.110 Serious Organized Crime and
Police Act 2005
Finally, they can arrest without..
Warrant, under s.1 Magistrates Act
1980
Though this only used to be
available for …
Arrest in breach of peace
But this changed under….
Any offence
Which allowed them to arrest
for…
To allow the police to investigate
behaviour and protect the public
Are these legal arrests
Purpose of an arrest?
Manner
Common law
powers
Arrest with a
warrant
Powers of the police to
arrest….
AO1 Brainstorm
Arrest without a
warrant
necessity
Exam Question
Describe the powers of the police to arrest a person on the
street [18]
After an incident in which a man was stabbed and seriously hurt,
a police officer grabs hold of Damon. When Damon protests,
and asks why the police officer says “you know what it’s for”.
The police officer did not see the incident but was told by
someone else at the scene that Damon was responsible.
Advise Damon as to the lawfulness of his arrest. [12]
What can you tell me about the marks and demands of each of these questions?
Describe the powers of the police to arrest a
person on the street [18]
After an incident in which a man was stabbed and seriously hurt, a police officer grabs
hold of Damon. When Damon protests, and asks why the police officer says “you
know what it’s for”. The police officer did not see the incident but was told by
someone else at the scene that Damon was responsible.
Advise Damon as to the lawfulness of his arrest. [12]

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