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Utilising police powers of arrest (De-Arrest Section 30 PACE (Record all…
Utilising police powers of arrest
meaning of an arrest
taking someones liberty from them and preventing them going about their day to day business
questions about an arrest relate to Human rights act 1998
must be necessary
be conducted by the book
is there power to arrest?
are there grounds to arrest?
is it necessary to arrest?
JPLANE
Human rights act 1998
elements required for a lawful arrest
PACE section 24
Code G
a persons
involvement
or
suspected
involvement
or
attempted
involvement in the commission of a criminal offence
AND
reasonable grounds for believing that the persons arrest is
'necessary'
Information to be given
:
that they are under arrest
the grounds for the arrest
the
Necessity
for the arrest
4.
Caution
- '
When Questioned
Reasonable grounds:
To
know
10/10
To
believe
7/10
To
suspect
3/10
Know == see with own eyes
Believe: wet paint on suspects hands, can near by, no one else around
Suspect: suspect hiding behind a walls near where graffiti was sprayed
SHACKS
Section 24 PACE 1984:
(1) A constable may arrest without a warrant:
Anyone who:
a. Is
about to
commit an offence.
b. Is i
n the act of
committing an offence.
c & d. They have
reasonable grounds to
suspect
to be:
i.
about to commit
an offence or
ii.
committing
an offence
(2) If an officer has
reasonable grounds for suspecting
that an offence
has been committed
they may arrest anyone whom they have
reasonable grounds to suspect
of being guilty of it
(3) if an offence has been committed, an officer may arrest anyone who:
a.
Is guilty
of the offence
b. they have
reasonable grounds for suspecting
to be guilty of it.
Necessity Test
PACE code G
IDCOPPLAN
Physical injury
To self
To others
To suffer injury from another person
Public Decency
Obstruction of Heighway
Loss or damage
Child or VP (protect them)
Address
Disappearance
Name
Investigate
Documentation of arrest
JPLANE as a structure
Evidence of communication with suspect is approproate
Evidence of offenders behaviour
Evidence of your actions
Significant statements
Change of circumstances during arrest
suspect may cease being abusive or violent
arrest no longer necessary
suspect may become
document all actions taken
suspect may become ill
De-Arrest Section 30 PACE
Record all details of persons
Consider and vulnerability e.g. age
Inform PSC and other officers
Complete PNB entry
Submit Intel Report
Explain that they are no longer under arrest