Powers of arrest 2011 2


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Powers of arrest 2011 2

  1. 1. English Legal SystemPolice Powers: <br />Powers of Arrest<br />G151 Miss Hart 2011<br />
  2. 2. Independent Study<br />Due to be completed by Thursday 6th October 2011 @ 4.15<br />This time your topic is citizen’s arrest. I would like you to produce a guide aimed at young people, explaining when a private citizen can arrest someone, and the limitations on this power. Please take care to use the recent acts (references to s.25 of PACE are outdated, and no longer exist) and refer to at least one case. <br />Remember that you should also include a reference to the two most useful sources you used. <br /><ul><li> If you are using a website (you should be using a range of sources) then you will need the full URL.
  3. 3. If you are referencing books, you should follow the example below:</li></ul>Hart, M Miss Hart’s Fantastic Guide to Law 2011 (Penguin, Dunstable 2011)<br />Help with the task...<br /><ul><li>A legal guide to citizen’s arrest guardian.co.uk
  4. 4. R v Self 1992</li></ul>http://www.rjerrard.co.uk/law/cases/self.htm<br /><ul><li> Martin, J AS Law for OCR (2nd Edition; Hodder Education 2011) p.46</li></li></ul><li>But first a quick recap!<br />Across<br /> 3. Key statute covering the powers of the police to stop and search (4) <br />4. One of the reasons which may not be enough under code A to S&S(8) <br />7. One of the grounds under which the police may not stop and search alone (4) <br />8. One of the things which may be stopped and searched (7) <br />9. Case confirming that the police must give their name, station and reason (5) <br />10. You may remove these items if asked (6) <br />12. ... v Cox. Case which establishes that you can't be obnoxious if asked a questions! (8) <br />13. Type of force which the police may use to stop and search (10) <br />14. Type of record which should be given to the suspect (7) <br />Down <br />1. Initials of an act which gives the police more powers to stop and search (5) <br />2. Type of substance which may be searched for under the Misuse of Drugs Act 1971 (10)<br />3. Type of area where a suspect may be stop and searched (6) <br />5. Act which has recently been reformed to improve(!)the protections for stop and search (9) <br />6. One of the things which may be stopped and searched for (bang!!) (9) <br />11. Right which was the subject of a successful challenge to the old terrorism stop and search powers (7) <br />10 minutes... One Crossword<br />
  5. 5. By the end of this arrest, you will be able to:<br />Explain when the police can arrest an individual with a warrant.<br />Explain when the police can arrest an individual without a warrant.<br />Understand how the common law powers of arrest for breach of peace operate.<br />Describe the manner in which the police must arrest people!<br />Evaluate these powers and how effective they are.<br />Are these AO1 or AO2?<br />
  6. 6. What is the purpose of an arrest?<br />
  7. 7. Bibby v Chief Constable of Essex Police (2000)<br />To arrest someone for breach of peace, there must be...<br /><ul><li>A sufficiently real and present threat to the peace
  8. 8. Threat must come from the person arrested
  9. 9. D’s conduct must clearly interfere with the rights of others & its natural consequence must be not wholly unreasonable violence
  10. 10. The conduct of the person to be arrested must not be unreasonable.</li></ul>Power One:Breach of the Peace<br />Common law<br />“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”<br />Do these common law powers apply to private premises?<br /> <br />McConnell v CC of Greater Manchester (1990)<br />
  11. 11. Power Two:Arrest with a warrant<br />Magistrate’s Act 1980 s.1<br />Type of crime?<br />Who issues it?<br />How do you get the warrant?<br />
  12. 12. Power Three:Arrest without a warrant<br />SOCPA changed the powers hugely!<br />Before, D could only be arrested for an arrestable offence<br />s.110<br />SOCPA 2005<br />s.24<br />PACE 1984<br />As amended by<br />rrdmue<br />htfet<br />ssoesspinofonabcnis<br />rubylagr<br />kitcetoutt<br />Code G<br />PACE 1984<br />
  13. 13. NOW....?<br />Can you complete the following tasks?<br />Under the new section, the police can arrest, without a warrant:<br /> <br /> <br />When can the police arrest a suspect now?<br /> <br /> <br />What do you think of the changes? Why might they have been introduced?<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />… although the police do retain a great deal of discretion over when to arrest or not. <br />
  14. 14. Whocan they now arrest?<br />
  15. 15. ... In summary<br />A police constable may arrest, without a warrant:<br /> Anyone who he reasonably suspects has committed, is committing, or is about to commit an offence; <br />Look at the wording of s.24 as (amended). Does there actually need to be a crime?<br />
  16. 16. Err... Isn’t that a little on the broad side?!<br />That’s right, it is. And because the powers are broader, we need a limitation...<br /> Even if s.24 applies, the PC can only arrest if it is necessaryon reasonable grounds to arrest them on one of the following grounds...<br />This is known as thenecessity test and is so important that it isn’t just in s.24, but also code G!<br />
  17. 17. So when might an arrest be ‘necessary’<br />To discover the name or address of the suspect<br />To prevent the suspect:<br />Causing physical harm to himself or others<br />Suffering physical injury<br />Causing loss or damage to property<br />Committing an offence against public decency<br />Causing an unlawful obstruction of the highway.<br />To prevent prosecution being hindered by the disappearance…<br />To protect child or other vulnerable person<br />To allow for the prompt & effective investigation of the offence or person’s conduct.<br />
  18. 18. Are there any limitations under SOCPA 2005?<br />AO2: Does the ‘necessary’ condition impose enough limitations?<br />What is reasonable suspicion?<br />When might an arrest not be necessary?<br />“known facts or information”<br />G v DPP 1989<br />
  19. 19. Are these arrests necessary?<br /><ul><li>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.
  20. 20. 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.
  21. 21. 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. </li></li></ul><li>Manner of Arrest<br />Remember: the police don’t have to arrest you. What else could they do?<br />
  22. 22. You do not have to say anything. But it may 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<br />You do not have to say anything....<br />
  23. 23. (AO2):<br />Does arrest work?<br />
  24. 24. Plenary:Can you be arrested for the following?<br />You are about to rob an old lady<br />You have been identified (wrongly) as being involved in a murder<br />You are drunk<br />You tell the police your name is HRH Elizabeth Windsor<br />You tell them that you live at 10 Downing Street, Westminster<br />You urinate in the street<br />
  25. 25. Starter:How much do you recall?<br />The purpose of arrest is...<br />a warrant, under s.24 PACE 1984<br />arrestable offences<br />The common law power is...<br />s.110 Serious Organized Crime and Police Act 3005<br />They may also arrest using a ...<br />warrant, under s.1 Magistrates Act 1980<br />Finally, they can arrest without...<br />Arrest in breach of peace<br />Though this only used to be available for...<br />Any offence<br />But this changed under....<br />To allow the police to investigate behaviour and protect the public<br />Which allowed them to arrest for...<br />
  26. 26. Are these legal arrests?<br />In groups of two or three, you are going to be given a scenario<br />Decide whether or not you think it is a legal arrest and why!<br />
  27. 27. Purpose of an arrest?<br />Manner<br />Common law powers<br />Powers of the police to arrest...<br />AO1 Brainstorm<br />Arrest without a warrant?<br />Arrest with a warrant<br />Necessity<br />
  28. 28. The End of Unit Question:<br />Describe the powers of the police to arrest a person on the street [18]<br />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 it's for." The police officer did not see the incident but was told by someone else at the scene that Damon was responsible.<br /> Advise Damon as to the lawfulness of his arrest. <br />What can you tell me about the marks and demands of each of these questions?<br />
  29. 29. Describe the powers of the police to arrest a person on the street [18]<br />
  30. 30. 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 it's for." The police officer did not see the incident but was told by someone else at the scene that Damon was responsible.<br />Advise Damon as to the lawfulness of his arrest. [12]<br />