Someone recently bought our

students are currently browsing our notes.

X

Criminal Arrest Diagram Notes

LPC Law Notes > Criminal Litigation Notes

This is an extract of our Criminal Arrest Diagram 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:

Police powers - Before arrest

Stop and search

1) What is the legal authority for granting the power in issue?

s.1 PACE - Stolen or prohibited articles

s.23 Misuse of Drugs Act - Drugs

2) What criteria need to be met?

1) A constable can stop and search a suspect

2) In a public place

3) For stolen or prohibited articles

4) Provided the constable has reasonable grounds for suspecting that he will find stolen or prohibited articles

Reasonable grounds are: CoP (code of practice) A

2.2 1) Reasonable grounds depend on the circumstances in each case and there must be an objective basis for that suspicion based on facts, information, intelligence which are relevant to the likelihood of finding an article of a certain kind

2) Reasonable suspicion can never be supported on personal factors alone. E.g. Race, age or appearance must be used in combination with another reason for searching that person.

3) Reasonable suspicion cannot be based on generalisation or stereotypical images of certain groups or categories of people more likely to be involved in criminal activity

3) Are they met on the facts of the case?

4) How should the exercise of power be carried out?

Police officer conducting the search must tell the individual:

1) That they are being detained for the purpose of the search

2) The officer's name

3) The legal power being exercised (s.1 PACE / s.23 MDA)

4) The purpose of the search

Other safeguards

1) Co-operation must be sought initially and reasonable force may be used only as a last resort - COP A 3.2

2) The search must be carried out at, or near the place where the person or vehicle was first detained - COP A 3.4

3) There is no power to require a person to remove any clothing in public other than outer coat, jacket or gloves - COP A 3.5

4) A more thorough search must be carried out of public view in a police van or at the police station -COP A 3.6

5) Has the power been exercised correctly on the facts?

Powers of Arrest

1) What is the legal authority for granting the power in issue?

s.24 PACE / CoP G

2) What criteria need to be met?

a) Grounds

Reasonable grounds to suspect an offence has been committed - s.24(2) PACE

b) Necessity

Criteria - s.24(5) PACE

a) To enable to the name of the person in question to be ascertained

b) To enable the address of the person in question to be ascertained

c) To prevent the person in question causing physical injury to himself or others, damage to property, committing an offence against public decency, causing an unlawful obstruction of the highway

d) To protect a child or other vulnerable person

e) To allow the prompt and effective investigation of the offence or of the conduct of the person in question

f) To prevent any prosecution of the offence from being hindered by the disappearance of the person in question

Guidance COP G 2.9

3) Are they met on the facts of the case?

4) How should the exercise of power be carried out?

A suspect must be informed that he is under arrest s.28(1) PACE) and the ground for arrest (s.28(3) PACE) and CoP G 3.3

The suspect must be cautioned - CoP C 10.4 and 3.4

5) Has the power been exercised correctly on the facts?

If it has been, the arrest will be lawful

If it has NOT been, the arrest will be unlawful but it will be possible to be corrected later - Lewis v Chief Constable of South Wales

Guidance on how to apply the necessity criteria

Voluntary attendance at police station Would likely not satisfy criteria e) as are already providing effective investigation by voluntarily providing information

Buy the full version of these notes or essay plans and more in our Criminal Litigation Notes.