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ARREST - Coggle Diagram

- - - - Section 28 - Procedure on Arrest:
        
        Suspect must be informed they're under arrest
        
        Given the grounds for the arrest, even if obvious
        
        Read the caution
        
        No set form of works need to be used ('You're nicked' has been held to be acceptable... Abbassy 1990)
  - - - There must be reasonable suspicion that an offence:
        
        Has been committed
        
        Is being committed
        
        Is about to be committed
        
        Reasonable grounds for believing it's necessary to arrest
      - Necessary to carry out an arrest if any of necessity tests apply. They are:
        
        Name and/or address of suspect aren't known or there are reasonable grounds for doubting whether a name given is a real name
        
        It's necessary to prevent the offender suffering physical injury or causing injury to someone else.
        
        Necessary to protect a child or vulnerable person from the offender
        
        Necessary to allow the prompt + effective investigation of the offence
        
        To prevent the person from disappearing
      - Code G = further guidance
        Same rules apply for reasonable suspicion for arrest as for stop and search
        
        O'Hara v Chief Constable of the Royal Ulster Constabulary - Case clarifies the requirements for lawful arrest under Prevention of Terrorism Act 1984, emphasizing the importance of reasonable grounds for suspicion based on information available to arresting officer at the time of arrest.
        
        O'Hara v UK 2002 - Focused on whether O'Hara's arrest + detention were lawful under Human Rights convection which allows for arrest and detention on reasonable suspicion of a criminal offence. Ultimately ruled that O'Hara's arrest was lawful as the suspicion against him reached the required level.