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Arrest Notes

LPC Law Notes > Criminal Litigation Notes

This is an extract of our Arrest document, which we sell as part of our Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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

Arrest Stop and Search Power The police have the power to stop and search a person under s.1 PACE. A stop and search can be done by a constable in a public place for stolen or prohibited articles provided the constable has reasonable grounds for suspecting he will find stolen or prohibited articles. COP A 2.2 states: Reasonable grounds is based on the circumstances of each case; and Reasonable suspicion cannot be based on personal factors (i.e. race, age etc.) or generalisations of certain groups. However, these grounds can be relied upon if there are information or reports of these characteristics (COP A 2.4). Gang symbols or associations can be reasonable grounds of suspicion for a stop and search (COP A 2.6). Drugs If the constable wants to search for drugs they must do this under s.23 Misuse of Drugs Act 1971. Informing individuals of the search The officer must inform the individual of the search, the name of the officer searching them, the legal search power being exercised, the purpose of the search and the grounds for suspicion. Removal of Clothing COP A 3.5 states that only outer clothing (i.e. jackets, coats and gloves) can be removed in public. A more thorough search can be conducted in a police station/van by an officer of the same sex. Reasonable Force The officer can use reasonable force to carry out the search under s.117 PACE but only when the individual refuses to cooperate and only as a last resort (COP A 3.2).

Police Power of Arrest s.24 PACE

Legal Authority for Arrest

COP G

Criteria to be met (s.24(5) PACE) Reasonable grounds to suspect a person's Reasonable grounds for believing arrest is involvement in a criminal offence necessary

should exercised?
s.28 PACE & COP G 3.3 - aHow suspect must the be power be COP C 10.4 - the suspect must be informed of their arrest and the ground for their cautioned arrest

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