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Questions and Answers
What is the main requirement for a lawful arrest according to PACE 1984?
What is the main requirement for a lawful arrest according to PACE 1984?
- The arrest must be witnessed by another officer.
- The person must be charged immediately.
- The arresting officer must inform the person of the reason for the arrest. (correct)
- The arrest must occur in a public place.
Which of the following best defines reasonable suspicion in the context of an arrest?
Which of the following best defines reasonable suspicion in the context of an arrest?
- A subjective belief of the officer paired with what a reasonable person would suspect. (correct)
- The officer's previous experience with the individual being arrested.
- An officer's suspicion based solely on their intuition.
- A collective agreement among multiple officers on a potential crime.
What is true about the use of force by police during an arrest?
What is true about the use of force by police during an arrest?
- Reasonable force can vary based on the circumstances of the arrest. (correct)
- The burden of proof for excessive force lies with the officer.
- Excessive force automatically makes the arrest unlawful.
- Officers can use any amount of force necessary regardless of circumstances.
Which of the following statements about the use of handcuffs is correct?
Which of the following statements about the use of handcuffs is correct?
What does PACE 1984 state about informing an arrestee of their situation?
What does PACE 1984 state about informing an arrestee of their situation?
Who bears the burden of proof regarding the lawfulness of an arrest?
Who bears the burden of proof regarding the lawfulness of an arrest?
In what scenario would an arrest be considered unlawful?
In what scenario would an arrest be considered unlawful?
What might the court consider when determining whether the force used in an arrest was reasonable?
What might the court consider when determining whether the force used in an arrest was reasonable?
What must a constable have in order to perform an arrest without a warrant?
What must a constable have in order to perform an arrest without a warrant?
Which of the following is NOT a reason that justifies the necessity to arrest a person according to the powers outlined?
Which of the following is NOT a reason that justifies the necessity to arrest a person according to the powers outlined?
When can a civilian arrest someone according to common law?
When can a civilian arrest someone according to common law?
What is the primary basis for the power of a constable to arrest under section 24 PACE?
What is the primary basis for the power of a constable to arrest under section 24 PACE?
Which of the following constitutes a valid ground for a constable's arrest without warrant?
Which of the following constitutes a valid ground for a constable's arrest without warrant?
Which of these statements about the necessity test for arrest is FALSE?
Which of these statements about the necessity test for arrest is FALSE?
What element is required for a court to evaluate a civilian's belief in the necessity for arrest?
What element is required for a court to evaluate a civilian's belief in the necessity for arrest?
What type of power does a magistrate's court (MC) have regarding arrest?
What type of power does a magistrate's court (MC) have regarding arrest?
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Study Notes
The Police and PACE 1984
- Definition of Arrest: No specific definition in PACE. An arrest is the deprivation of liberty, unlike mere movement restriction.
- Arrest Assessment: Determination of arrest status requires a factual context; not always an assumption that a charge will follow.
- Lawful Authority: Police must demonstrate legal authority and lawful exercise of the arrest power.
- Reasonable Suspicion: Requires subjective suspicion by the officer and an objective standard; a reasonable person would also suspect based on the same facts.
- Burden of Proof: Lawfulness of arrest is on the police; they must inform the arrested person of the fact and grounds for arrest promptly.
- Cautioning: Although a breach of Code C if not provided timely, failing to caution does not invalidate the arrest.
- Use of Force: Officers may use reasonable force; the complainant must prove excessive force. Courts assess reasonableness based on:
- Nature and degree of force used
- Seriousness of the offence
- Potential harm from force
- Possibility of arrest without force
- Handcuff Use: Allowed only when necessary to prevent escape or violent conduct.
Arrest Without Warrant (Section 24 PACE)
- Necessity Test: Arrest without a warrant requires both grounds for arrest and reasons for necessity.
- Grounds for Arrest:
- Reasonable suspicion that a person is about to commit or is committing an offence.
- Reasonable suspicion of being guilty of a previously committed offence.
- Reasons for Necessity:
- To ascertain the person's name or address.
- To prevent physical injury to the individual or others.
- To protect property from loss or damage.
- To prevent public decency offences or unlawful highway obstruction.
- To safeguard children or vulnerable persons.
- To ensure effective investigation or prevent hindrance to prosecution due to the person’s disappearance.
Arrest for Breach of Peace
- Common Law Power: Constables and civilians can arrest for breaches of peace or threats of further breaches.
- Objective Reasonable Belief: Courts evaluate the reasonableness of the belief based on circumstances known at the time of the arrest.
Arrest With Warrant
- Issuance of Warrants: Magistrates' Courts have authority to issue warrants based on substantiated information.
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