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POLICE POWERS 2

POLICE POWERS 2. Arrest and Detention under PACE Note PACE codified existing powers – see. S.26 and Schedule 2. PACE provides two distinct sets of powers. (1) Arrest for an Arrestable offence (s.24) (2) Arrest where a General Arrest Condition applies (s.25). POLICE POWERS 2.

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POLICE POWERS 2

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  1. POLICE POWERS 2 Arrest and Detention under PACE Note PACE codified existing powers – see. S.26 and Schedule 2. PACE provides two distinct sets of powers. (1) Arrest for an Arrestable offence (s.24) (2) Arrest where a General Arrest Condition applies (s.25)

  2. POLICE POWERS 2 • 1. Arrest for an Arrestable Offence • An arrestable offence is defined in ss.24(1)-(3). • IF the offence falls within the definition then the arrest power in s.24 applies. • S.24 contains four separate arrest powers.

  3. POLICE POWERS 2 • Note again the necessity for ‘reasonable suspicion’? • See Chapman v. D.P.P. [1988] Crim LR 843. • Castorina v. CC of Surrey [1988] NLJ 180. • Parker v Chief Constable of the Hampshire Constabulary [1999] EWCA Civ 1685

  4. POLICE POWERS 2 • The four powers • 1. S.24(4)– arresting somebody ‘in the act.’ or arresting somebody on ‘reasonable grounds to suspect’ they are ‘in the act’ of committing an arrestable offence • 2. S.24(5) – Power to arrest somebody who is guilty or reasonably suspected of being guilty of an arrestable offence.

  5. POLICE POWERS 2 • Note that the first two powers may be exercised by ‘Any person.’ NB consequences of an unlawful ‘citizens arrest.’ • 3. S.24(6) – reasonably suspecting an arrestable offence has been committed and arresting somebody reasonably suspected to have committed it. • 4. S.24(7) – anticipatory arrest powers, again based on reasonable suspicion

  6. POLICE POWERS 2 • Note that powers 3 and 4 are only available to police officers. • Whichever power is used, certain arrest formalities must be adhered to. See s.28 and Hawkins [1988] 1 WLR 1166. • If the arrest is lawful, the the suspect may be searched –see s.32 PACE. (Do not confuse with s.18 PACE) • Note what can be seized during the search. (s.32(9))

  7. POLICE POWERS 2 • (2) Arrest where a General Arrest Condition applies • Note that this only applies to non-arrestable offences • S.25 sets out what the general arrest conditions • See Nicholas v. Parsonage [1987] Crim LR 474, G v. D.P.P. [1989] Crim LR 150. • Don’t confuse ss.24 and 25.

  8. POLICE POWERS 2 • Note the position of a person who attends a police station voluntarily – known often as ‘helping the police with their enquiries.’ • See s.29 PACE • Note that there is no obligation to go to a police station to answer questions unless you are under arrest - Lemsatef [1977] 2 AllER 835.

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