Arrest 2013


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Arrest 2013

  1. 1. Police Powers 2: Powers of Arrest MAH 2013
  2. 2. Starter: Can you demonstrate your understanding of the previous topic? Too easy? Can you annotate the summary to develop level four detail?
  3. 3. What is the purpose of an arrest? In other words, why give the police this power? All of you need to be able to describe the powers of the police to arrest without a warrant under PACE. Most of you need to be able to explain what is meant by the ‘necessity condition’ for an arrest without a warrant. Some of you need to be able to describe some of the other powers of arrest available for officers. To successfully complete an exam question on this, you will need to include reference to the safeguards under code G as well.
  4. 4. Key Power: Arrest without a warrant SOCPA changed the powers hugely! As amended by s.24 PACE 1984 s.110 SOCPA 2005 Code G PACE 1984 Before, D could only be arrested for an arrestable offence. For example: rrdmue htfet ssoesspino fo nabcnis rubylagr
  5. 5. So what did this Act do? Read the short article and answer the questions to find out how it changed! What type of offences can the police now arrest someone for? What test will govern when they will arrest someone? Why do you think they broadened the powers of arrest? Identify one problem with the change in the powers.
  6. 6. What are the words of the Act? Under s.24 as amended, a constable may arrest, without a warrant... In one sentence this means: Anyone who he has reasonable grounds to believe has, will or is committing a crime. Thinking: Does a crime actually need to take place for an arrest to take place?
  7. 7. What is reasonable? Known facts or information
  8. 8. Because we can arrest for any offence, the arrest must also be ‘necessary’ This is the limitation... So what does it cover?
  9. 9. Applying and evaluating the law... Have you really got it? Applying and Evaluating the law... Are these necessary arrests? You tell the police your name is Mickey Mouse. You are drunk You are threatening to throw yourself off the bridge onto the A5 Are these powers sufficiently limited? The necessity conditions were introduced to provide a limitation to the expanded powers of arrest under s.24. All of you need to decide whether they limit the powers or not. Most of you need to be able to make precise reference to a power to support your argument. Some of you need to consider the counter argument as well.
  10. 10. When might it not be necessary? G v DPP 1989
  11. 11. What’s the word? T reasonable Warrant PACE Necessary
  12. 12. Can you advise PC Bob? He’s new, and he’s not so sure about these lovely arrest powers without a warrant Yesterday, I say Jimmy walking through town. He had a plastic bag with him, and seemed to be drinking something and then throwing the cans onto the road. One car had to swerve to avoid him and nearly hit another one. Could I have arrested him without a warrant?
  13. 13. Practice what you preach? Are these arrests necessary? 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. PC Bob sees Jane hit John in the fact with a fist, breaking his nose. He arrests Jane. At trial Jane is acquitted as it turned out she was defending herself after John tried to rob and assault her. 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. Amanda is stopped by PC Bob for speeding. When he asks for her name, she replies “Superwoman.” She is asked for her name and refuses to give it. She is arrested.
  14. 14. Manner of Arrest: Manner? Protects the Individual’s Rights by… Any Problems? The police may use… The police must take the suspect… s. PACE 1984 The police may search for… The police must give them the… Caution Do you know the words? The police must make a …. This should include… The police must tell them… Taylor v CC of Thames Valley Police (2004) If they are not in uniform... Remember: the police don’t have to arrest you. What else could they do?
  15. 15. 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
  16. 16. Power One: Breach of the Peace Common 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.
  17. 17. Power Two: Arrest with a warrant Magistrate’s Act 1980 s.1 Type of crime? How do you get the warrant? Who issues it?
  18. 18. Consolidation: Have you understood the key elements? Using your understanding of the topic, complete the revision sheet! All of you need to complete the central elements on arrest without a warrant. Most of your will be able to explain the other powers to arrest a person on the street Some of you will be able to evaluate the current use of arrest. Remember... If you are not sure ASK!
  19. 19. Plenary: Can you be arrested for the following? You are about to rob an old lady You have been identified (wrongly) as being involved in a murder You are sat on the pavement You tell the police your name is HRH Elizabeth Windsor You tell them that you live at 10 Downing Street, Westminster You urinate in the street
  20. 20. Circle of Knowledge: Do you know arrest? Lollipop level? Can you construct the wheely hard puzzle using only your brain. Sticker Satisfactory? You may use one of the books, or your own knowledge. Too easy? Can you complete the bonus knowledge and explain how it links to at least one slice?
  21. 21. Developing your AO2 Does arrest work? The necessity test The police can protect the public effectively... There are a lot of safeguards. Look at each of the following statements and add your own thoughts... Ethnic monitoring of arrested persons. Use of police discretion 17.6% of arrests end in conviction Student Task: You are going to use your brains... each other and the lovely government to put together some detailed evaluation of whether arrest actually works! All you need to do is complete one section of each piece of paper... That’s all!
  22. 22. Thank you Ministry of Justice!
  23. 23. Using your knowledge! Use the snowballs, and your thinking skills to add your own thinking to the diagram. All of you will be able to point out one good or bad thing about that point. Most of you will be able to add some evidence to support your explanation. Some of you will be able to include reference to a counterargument to develop a true, level 4 ‘discussion’. The necessity test The police can protect the public effectively... Ethnic monitoring of arrested persons. There are a lot of safeguards. Look at each of the following statements and add your own thoughts... Use of police discretion 17.6% of arrests end in conviction
  24. 24. Plenary: Can you complete the following to recap the powers to arrest? The purpose of arrest is... The common law power is... a warrant, under s.24 PACE 1984 arrestable offences They may also arrest using a ... s.110 Serious Organized Crime and Police Act 3005 Finally, they can arrest without... warrant, under s.1 Magistrates Act 1980 Though this only used to be available for... But this changed under.... Which allowed them to arrest for... Arrest in breach of peace Any offence To allow the police to investigate behaviour and protect the public
  25. 25. Homework: How much have you understood so far? 12A Complete the Statutory Instrument research on p.9 of your delegated legislation handout and Still not a good excuse! Complete the short task sheet Due: 11th October 2013 12B Complete the short task sheet. Due: 10th October 2013 *and don’t forget your IS!
  26. 26. Have you got it? Or more importantly can you tell the difference between arrest and stop and search?
  27. 27. Evaluation: How well are you doing and what can you do to improve your brilliance? What are you aiming to achieve in AS Law this year? Your progress is in relation to your ALPS score. Look at the comments on your stop and search essays  What have you done well?  What could you improve? You are going to pick one thing to improve on in your next essay Green – above ALPS Amber – on ALPS Red – below ALPS ...and these notes will give you some pointers on where to go from here!
  28. 28. Evaluation questions: The last challenge! Discuss whether the rights of the individual are adequately protected during stop and search and arrest on the street.
  29. 29. Demonstrating your understanding Describe the powers of the police and the rights of the individual during an arrest. [18]
  30. 30. What happens next? You are going to watch an episode from BBC’s the Lock Up about life in a custody suite. You will need to make notes on:  The rights you have in custody Jim, who is 14, is interviewed by the police on his own. Susie has her fingerprints and DNA taken by force. John refuses to give the police a blood sample. The powers the police have when someone is in their custody.