Police have the power to arrest without a warrant if they have reasonable grounds to believe a person has committed, is committing, or will commit an offense. An arrest must also be necessary, with the necessity condition introduced to limit the broadened powers of arrest. When making an arrest, police must follow safeguards around use of force, informing suspects of their rights, and taking them to a police station.

1. Police Powers 2:
Powers of
Arrest

2. Starter:
Can you demonstrate your understanding of the
previous topic?
Too easy? Can you annotate the summary to develop level four detail?

3. What is the purpose of an arrest?
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.
In other words, why give the police this power?

4. s.110
SOCPA 2005
Key Power:
Arrest without a warrant
s.24
PACE 1984
As amended by
Code G
PACE 1984
SOCPA changed the
powers hugely!
Before, D could only be
arrested for an arrestable
offence.
For example:
rrdmue
htfet
ssoesspino fo nabcnis
rubylagr

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. What are the words of the Act?
Under s.24 as amended, a constable may arrest, without a warrant...
In one sentence this means:
Thinking: Does a crime actually need to take
place for an arrest to take place?
Anyone who he has reasonable
grounds to believe has, will or is
committing a crime.

7. What is reasonable?
Known facts or information

8. Because we can arrest for any offence, the
arrest must also be ‘necessary’
This is the limitation... So what does it cover?

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. G v DPP 1989
When might it not be necessary?

11. Plenary:
How do these link to the lesson?

12. Starter:
What’s the word?
T
reasonable
Warrant Necessary
PACE

13. 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?

14. 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.

15. Manner of Arrest:
Remember: the police don’t have to arrest you. What else could they do?
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...

16. 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
You do not have to say anything....

17.  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.
To arrest someone for breach of peace, there must be...
Bibby v Chief Constable of Essex Police (2000)
Power One:
Breach of the Peace
“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”
Common
law
Do these common law powers apply to private premises?
McConnell v CC of Greater Manchester (1990)

18. Power Two:
Arrest with a warrant
Magistrate’s Act 1980 s.1
Who issues
it?
How do you get the
warrant?Type of
crime?

19. 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!

20. Developing your AO2
Does arrest work?
Look at each of the
following
statements and
add your own
thoughts...
The necessity
test
There are a
lot of
safeguards.
Use of police
discretion
17.6% of
arrests end in
conviction
Ethnic
monitoring of
arrested
persons.
The police can
protect the
public
effectively...
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!

21. Thank you Ministry of
Justice!

22. Look at each of
the following
statements and
add your own
thoughts...
The
necessity
test
There are a
lot of
safeguards.
Use of police
discretion
17.6% of
arrests end
in conviction
Ethnic
monitoring
of arrested
persons.
The police
can protect
the public
effectively...
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’.

23. 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?

24. What happens next?
You are going to
watch an episode
from Coppers
about life in a
custody suite.
You will need to
make notes on:
 The rights you
have in custody
The powers the
police have when
someone is in their
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.