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Powers Of Arrest And Search Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Powers Of Arrest And Search notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Power of Arrest

Arrest without Warrant s24 PACE



Rules & Procedure

A constable may arrest anyone without a warrant whom he has reasonable grounds for suspecting that any offence:

1. HAS been committed;

2. IS BEING committed;

3. IS ABOUT TO BE committed

The arrest is necessary to: (s24(5) PACE):

1. Ascertain name;

2. Ascertain address;

3. Prevent the person causing: a. Injury to himself or others; b. Suffering physical injury; c. Causing damage to property; d. Committing an offence against public decency; e. Obstructing the highway;

4. Protect a child or other vulnerable person;

5. To allow prompt investigation of an offence;

6. To prevent the disappearance of a person suspected of an offence.

In exam, always say the obvious... He has reasonable grounds for believing because someone told the officer the suspect was X/looked like/ etc"

Or anyone whom he has reasonable grounds to suspect of being guilty of it.






The arrest is not lawful until the person is informed of the grounds of their arrest ASAP, unless not reasonable to do so; C:10.13 - Every time caution given, it should be recorded. C:11.13 - Any unsolicited comment outside of interview should be written down, and should be shown to C, and shown to suspect or read to suspect, and given opportunity to sign that. The person must be taken to a police station "as soon as is reasonably practicable" (s30 PACE) unless the arrest is granted "Street bail" (s4 CJA 2003). Huge delays here may lead to exclusion of the confession (s78 PACE - R v Halliwell). Officer doesn't need a specific power of arrest in mind, only a general idea of the offence (s24(2) PACE)

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