Questions and Answers
What is the primary consideration for officers when exercising the power of arrest?
Whether the necessary objectives can be met by other, less intrusive means
What could be the consequence of exercising the power of arrest without justification?
Challenges in court and potential civil claims
What is the fundamental principle that guides the exercise of the power of arrest?
The Right to Liberty under Article 5
What is meant by exercising the power of arrest in a non-discriminatory manner?
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What is the primary reason for exercising the power of arrest in a proportionate manner?
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What is the potential consequence of not exercising the power of arrest in a proportionate manner?
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Why is justification essential when exercising the power of arrest?
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What is the primary consideration when exercising the power of arrest in a non-discriminatory manner?
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What is the relationship between the power of arrest and the Right to Liberty under Article 5?
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What is the potential consequence of exercising the power of arrest without considering alternative, less intrusive means?
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Study Notes
Exercising the Power of Arrest
- The power of arrest must be fully justified, with officers considering alternative, less intrusive means to achieve necessary objectives.
- Lack of justification for exercising the power of arrest may lead to challenges in court and civil claims against police for unlawful arrest and false imprisonment.
Key Principles for Arrest
- The power of arrest must be exercised in a non-discriminatory manner.
- The power of arrest must be exercised in a proportionate manner.
- The power of arrest must be compatible with the Right to Liberty under Article 5.
Exercising the Power of Arrest
- The power of arrest must be fully justified, with officers considering alternative, less intrusive means to achieve necessary objectives.
- Lack of justification for exercising the power of arrest may lead to challenges in court and civil claims against police for unlawful arrest and false imprisonment.
Key Principles for Arrest
- The power of arrest must be exercised in a non-discriminatory manner.
- The power of arrest must be exercised in a proportionate manner.
- The power of arrest must be compatible with the Right to Liberty under Article 5.
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