PAST PRESENT FUTURE PROVISION

Police Powers of Arrest Questions with Complete Solutions PACE S24, as amended by SOCPA The Serious Organised Crime and Police Act 2005 - Correct Answers This Act gives the power of Arrest

• Where an offence has been
• Or may have been committed
• Or is being committed
• Or may be being committed
• Or is about to be committed

PAST< PRESENT < FUTURE PROVISION Under this act, police have powers to arrest anyone that they reasonably suspect of the offence.The Necessity Test: Safeguard - Correct Answers The powers of arrest are very wide but an arresting officer may only arrest if he has reasonable grounds for believing it necessary - as determined by meeting 1 of 5 criteria.Necessity Grounds - Correct Answers 1)To ascertain a persons name and address 2) To prevent the person

• causing injury to self or others
• Committing an offence against public decency

-suffering physical injury -causing loss or damage to property

• causing unlawful highway disruption

3) To protect a child or vulnerable person 4) To allow prompt investigation of the offence 5) To prevent prosecution being hindered by the persons disappearance 1 / 2

Instances of Necessity Abuse - Correct Answers Richardson v Chief Constable of West Midlands 2011 Richardson vs Chief Constable of West Midlands 2011 - Correct Answers Teacher accused of assaulting a pupil attended voluntarily by appointment at a police station. On appeal, the High Court

• judge found arrest had not been necessary, Richard had attended voluntarily. Police blamed 'to

allow prompt and effective investigation of the offence' (NT5) £1000 awarded in damages.Relevance: this is an abuse of the ground of the Necessity Test. 5 and 6 especially open to abuse PACE Code of Practice G - Correct Answers Code G gives guidelines for arrest under these powers.Lawful arrest requires two elements under Code G 1) A persons involvement or suspected involvement or attempted involvement AND 2) Reasonable grounds for believing that the arrest is necessary

• Required to inform the person arrested that they have been arrested even if obvious
• Points out the power to arrest is only exercisable if there are reasonable grounds that it is necessary

to arrest the person.Code G discretion - Correct Answers It remains an operation decision at the discretion of the

arresting officer as to:

• What action he may take at the point of contact with the individual
• The necessity criteria, if any, which apply.
• Whether to arrest, report for summons, grant street bail, issue a fixed penalty notice or take any

other action open to the officer.THIS part of the code shows how much discretion is given to police officers.Other Powers of Arrest - Correct Answers 1) Arrest for Breaching of Police Bail 2) Arrest for Breach of Peace 3) Arrest with a Warrant 4) Arrest by Private citizen

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