Arrest 2012


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Arrest 2012

  1. 1. Police Powers 2:Powers of Arrest Miss Hart 2012-3
  2. 2. Task:Using yourunderstanding ofeverything youhave been taughtso far, complete thedefinitions sheets…you will have togive examples forsome of them! 28th Sept
  3. 3. Some extra information... Citizen’s powers of arrest s.24(a) PACE 1984 as amended Only arrest for indictable offences Some furtherIf there are reasonable grounds to believe the arrest isnecessary for a reason specified and information...It is not reasonably practical for a constable to make thearrest A legal guide to citizen’s arrestWhat is an acceptable reason? prevent D... Causing physical injury to himself or any other person  R v Self 1992 Suffering physical injury Causing loss of or damage to property w/cases/self.htm Making off before a constable can assume responsibility  Martin, J AS Law for OCR BUT... Careful with the force you use!!! (2nd Edition; Hodder Education 2011) p.46
  4. 4. What is the purpose of an arrest?
  5. 5. Power One: Common Breach of the Peace law“an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done”Do these common law powers apply to private premises? Bibby v Chief Constable of Essex Police (2000) To arrest someoneof Greater Manchester must be... McConnell v CC for breach of peace, there (1990) A sufficiently real and present threat to the peace Threat must come from the person arrested D’s conduct must clearly interfere with the rights of others & its natural consequence must be not wholly unreasonable violence The conduct of the person to be arrested must not be unreasonable.
  6. 6. Power Two: Arrest with a warrant Magistrate’s Act 1980 s.1Type of Who issuescrime? it? How do you get the warrant?
  7. 7. Power Three:Arrest without a warrant SOCPA changed the powers hugely! Before, D could only be As amended by arrested for an arrestable s.24 s.110 offencePACE 1984 SOCPA 2005 rrdmue htfet Code G ssoesspino fo nabcnis PACE 1984 rubylagr kitcet outt
  8. 8. How did they change? Can you complete the following tasks? 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.
  9. 9. Who can they now arrest?Situation One: (a) Anyone who is about to commit an offence (b) Anyone who is in the act of committing an offence Present or (c) Anyone whom he has reasonable grounds for suspecting to be Future about to commit an offence. Situations (d) Anyone whom he has reasonable grounds for suspecting to be committing an offenceSituation Two: a) Anyone who is guilty of the offence b) Anyone whom he has reasonable grounds for suspecting to be Past guilty of it. Situations Situation a constable has reasonable grounds for suspecting that an Three: offence has been committed, he may arrest anyone without a warrant whom he has reasonable grounds to suspect is guilty ofPast Possible it Situations
  10. 10. ... In summaryA police constable may arrest, without a warrant:Anyone who he reasonably suspects hascommitted, is committing, or is about tocommit an offence; Does a crime actually need to take place?
  11. 11. Err... Isn’t that a little on the wider side?! That’s right, it is. And because the powers are broader, we need a limitation... Even if s.24 applies, the PC can only arrest if it is necessary on reasonable grounds This is known as the to arrest them on necessity test and is one of the following so important that it isn’t just in s.24, but also code grounds... G!
  12. 12. So when might an arrest be ‘necessary’To discover the name or address of the suspect To prevent the suspect: 1. Causing physical To prevent prosecution harm to himself or being hindered by the others disappearance… 2. Suffering physical injury 3. Causing loss or To protect child or damage to other vulnerable property person 4. Committing an offence against public decency 5. Causing an To allow for the prompt & unlawful effective investigation of the obstruction of the offence or person’s conduct. highway.
  13. 13. Starter:Complete the dominoes to check your stop and search understanding.
  14. 14. The Answers!
  15. 15. Introduction:Can you complete the following to recap the powers to arrest?The purpose of arrest is... a warrant, under s.24 PACE 1984 The common law power is... arrestable offences s.110 Serious Organized Crime andThey may also arrest using a ... Police Act 3005 warrant, under s.1 Magistrates Act Finally, they can arrest without... 1980 Though this only used to be available for... Arrest in breach of peace But this changed under.... Any offence To allow the police to investigate Which allowed them to arrest for... behaviour and protect the public
  16. 16. Are there any limitations under SOCPA 2005?AO2: Does the ‘necessary’ condition impose enough limitations? When might anWhat is reasonable arrest not be suspicion? necessary? “known facts or G v DPP 1989 information”
  17. 17. Plenary Are these arrests necessary?PC Bob is walking past a house when he sees Jim up a ladder leaning in a window. Heasks him to come down and for some ID. However, Jim has no ID, and no keys. PC Bobarrests him for attempted burglary.PC Bob sees Jane hit John in the fact with a fist, breaking his nose. He arrests Jane. Attrial Jane is acquitted as it turned out she was defending herself after John tried to roband assault her.PC Bob receives information that a tall man with green hair is wanted in connectionwith a serious assault which took place earlier in the day. He sees Louis, who is 6ft 7and has green hair and arrests him.
  18. 18. Manner of Arrest Manner? Protects the Individual’s Rights by… Any Problems?The police may use…The police must take thesuspect…s. PACE 1984The police may search for… Caution Do you know the words?The police must give themthe…The police must make a ….This should include…The police must tell them… Taylor v CC of Thames Valley Police (2004) Remember: the police don’t have to arrest you. What else could they do?
  19. 19. You do not havehave toanything. But it may You do not to say say anything.... harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence
  20. 20. Snowballing your AO2 Does arrest work? Can you help your classmates? The necessity You are going to annotate one of test the bubbles and then throw it!Who is most There are a likely to be lot ofprosecuted? safeguards. *Warning: you will all be writing a summary at the end so you might want to actually think about this!* Look at each of the following statements and add your own thoughts... Ethnic monitoring Use of of arrested police persons. discretion 17.6% of arrests end in conviction
  21. 21. Consolidation:Have you understood the key elements? Manner Common law powers Using your understanding of the topic, complete the revision sheet! Arrest with a warrant Remember... If you are not sureNecessity ASK!
  22. 22. Plenary: Can you be arrested for the following?You are about to rob an old ladyYou have been identified (wrongly) as being involved in a murder You are drunk You tell the police your name is HRH Elizabeth WindsorYou tell them that you live at 10 Downing Street, Westminster You urinate in the street
  23. 23. Are these legal arrests?In groups of two or three, you are going to be given a scenario
  24. 24. The End of Unit Question:Describe the powers of the police to arrest a person on the street[18]After an incident in which a man was stabbed and seriouslyhurt, a police officer grabs hold of Damon. When Damonprotests, and asks why the police officer says, "You know whatits for." The police officer did not see the incident but was toldby someone else at the scene that Damon was responsible.Advise Damon as to the lawfulness of his arrest. What can you tell me about the marks and demands of each of these questions?
  25. 25. Describe the powers of the police to arrest a person on the street [18]Introduction Main Area Means? Examples or Origins… ExplanationConclusion
  26. 26. 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 its 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. [12]Issue: key word? Because And ... However.. althoughIn conclusion: