Arrest

• Arrest:

  • Police can arrest with a warrant (S.1 MCA 1980) or without (on the spot) under S.24 (amended by S.110 Serious Organised Crime And Police Act 2005).
  • S.24 allows for an officer to arrest for any offence provided there are RGS that a person has committed, is committing or is about to commit an offence, and that it is necessary to arrest.
• Arrest:

  • Code G requires powers to be excersied fairly, responsibly and without discrimination and a consideration of whether objectives can be met by less intrusive means, like asking the suspect to go the station as a volunteer.
  • Officers must be mindful of unlawfully curtailing A5.
  • O'Hara V UK confirmed the two-part-test for judging RGS.
• Arrest:

  • The arresting officer must have actual suspicion (subjective)
  • reasonable grounds for that suspicion (objective).
  • S.28 provides that a suspect should be informed of their arrest (and for which crime) as soon as possible, and in plain language they will understand (Taylor - language appropriate for a 10-year-old)
  • The word 'arrest' does not have to be used (Adler).
  • An officer should also identify themselves.
• Arrest:

  • Code C and S.34 CJPOA 1994 requires an officer to caution the suspect and inform them of their qualified right to silence. S.29 provides that failure to follow the above means the suspect is a volunteer at the station and is entitled to leave at their will (Inwood - never told they were arrested). S.30 states that following arrest, the suspect should be taken to the police stsattion as soon as possible.
• Arrest:

  • S.30 States that following arrest, the suspect should be taken to the police station as soon as possible. Following an arrest, Code B and S.18 permits officers to enter premises occupied/controlled by the suspect without a warrant if there is a reasonable belief that they will find evidence of the offence on the premises. S.117 permits reasonable force to be used where a suspect is resistant.