Police Powers [2]: Arrest By the end of this unit you will be able to [AO1]: Explain when the police can arrest an individual with a warrant. Explain when the police can arrest an individual without a warrant under PACE Understand how the common law powers of arrest for breach of the peace operate. Describe the manner in which the police should conduct the arrest. You should also be able to evaluate [AO2]: The effectiveness of the controls imposed on arrest by PACE and Code A. Whether the powers of arrest adequately balance the right to investigate and protect against the need to protect individual rights. Homework Law has no coursework, and as such, the homework is an important assessment tool to evaluate your work in the subject. If you wish to submit it electronically, then it should be with Miss Hart before the start of the lesson. Write up your response to Matthew s arrest: is it a lawful arrest? End of Unit Assessment At the end of each unit, you will complete a DRAG test (which we will do once you have looked at detention... so don t worry just yet!). We will also complete a past exam paper. This The question you will have to answer is: Describe the powers of the police to arrest a person on the street [18] Independent Study This time your 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 Please take care to use the recent acts (references to s.25 of PACE are outdated, and no longer exist) and refer to at least one case.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 be using a range of sources) then you will need the full URL. If you are referencing books, you should follow the example below: Hart, M Miss Hart s Fantastic Guide to Law 2011 (Penguin, Dunstable 2011)
Before we move on to arrest, you have 10 minutes to complete the following crossword to show your understanding of the topic. Across 3. Key statute covering the powers of the police to stop and search (4) 4. One of the reasons which may not be enough under code A to S&S(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 questions! (8) 13. Type of force which the police may use to stop and 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 stop 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 (7) Ok, so a quick question
What s the purpose of an arrest? Now bear this in mind as we look at the powers of arrest We are going to look at three powers of arrest: 1. Arrest for breach of peace 2. Arrest with a warrant 3. Arrest with out a warrant To successfully complete an exam question on this, you will need to cover all these areas, and include reference to the safeguards. This is a common law power. Arrest for breach of peace What is breach of peace? an act done or threatened to be done which either actually harms a person or property or is likely to cause such harm. When can they arrest for breach of peace? There must be: A sufficiently real and present threat to violence The threat must come from the person arrested The suspect s conduct must clearly interfere with the rights of others and its natural consequence must be not wholly unreasonable violence The conduct of the arrested person must be unreasonable Student task: Sum these rules up, in your own words, in no more that two sentences. How do we know this is the law? The Court of Appeal confirmed this in Bibby v Chief Constable of Essex (2000) Question: Do these common law powers apply to private premises? McConnell v CC of Greater Manchester (1990) Facts: Ratio:
Arrest with a Warrant This is very rare, but can happen - normally if someone has breached their bail conditions, or failed to appear in the court. It is covered by the Magistrates Court Act 1980 s.1 When can it be used? The police should apply to the magistrates, and need to provide written evidence which include details of the person and the reason for the warrant. If it is issued, it allows them to enter a private property to arrest the person within. What type of offences does this apply to? Any offence which is punishable by imprisonment or if the address of the suspect is either unknown or unclear. Arrest without a Warrant This is the most commonly used power. It is a statutory power and comes from: s.24 PACE 1984 as amended by s.110 Serious Organised Crime and Police Act 2005 This amendment widened the powers to arrest a lot. They also introduced a set of safeguards which are contained in Code in the Codes of Practice (remember A back in stop and search?) Before the act, a police officer could only arrest someone without a warrant, if the offence was one which carried a maximum sentence of five years or more (know as a serious arrestable offence) However, this has now gone. 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.
So who can they arrest without a warrant? 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: Question: Does there actually need to be a crime for an arrest to take place? Is this enough? Short answer? No. In addition to these grounds, the constable may only arrest if he also has reasonable grounds for believing that the arrest is necessary. What do we mean by necessary? This is contained in both section of PACE 1984 and Code of the Act. Remember: the code acts as a guidance to the police on how to arrest. They basically list a range of situations when it would be necessary to arrest. Some are more limiting than others! The situations covered: 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. To discover the name or address of the suspect To allow for the prompt & effective investigation of the offence/person s conduct. To prevent prosecution being hindered by the disappearance To protect child or other vulnerable person Developing your AO2: Look at the situations above and consider whether they impose sufficient limitations on the powers of the police to arrest a suspect.
So are there any limitations on the powers of arrest? Well, there might be two. The first is the meaning of reasonable grounds. According to Code G this must be based on known facts or information. In addition, it must be an honest belief which would lead an ordinary cautious person to suspect that D was guilty. This means that it is measured: The second is that an arrest is not always necessary. Take the following case as an example: G v DPP 1989 Facts: G & others went to a police station to complain about being thrown off a bus. They were asked for their names, and some refused, some lied and some told the truth. The officer didn t accept any of them as he said that juveniles routinely lied, and so none of them could be telling the truth. They became threatening and violent and were arrested for violent disorder in a police station. Ratio: They were convicted and appealed, arguing that it was not necessary to arrest them. AO2: Applying the law Look at the following scenarios and decide whether or not the arrest was lawful. Remember to explain why using both s.24 and the necessary conditions. 1. 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. 2. PC Bob sees Jane hit John in the fact with a fist, breaking his nose. He arrests Jane. At trial Jane is aquitted as it turned out she was defending herself after John tried to rob and assault her. 3. 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 7 and has green hair and arrests him.
Manner of Arrest As with stop and search, when the police arrest someone, there are certain things that they should and should not do. Some of these limitations come from PACE, whilst others are contained in Code G The police may use Manner? Protects the Individual s Rights by Any Problems? (Wood v DPP 2008) The police must take the suspect s. PACE 1984 The police may search for The police must give them the The police must make a. This should include The police must tell them Taylor v CC of Thames Valley Police (2004)
Powers of the Police to arrest
Describe the powers of the police to arrest a person on the street [18] Introduction Main Area Means? Examples or Origins Explanation Conclusion
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. Point Because And However In conclusion: