1. English Legal SystemPolice Powers: Powers of Arrest G151 Miss Hart 2011

5. By the end of this arrest, you will be able to: Explain when the police can arrest an individual with a warrant. Explain when the police can arrest an individual without a warrant. Understand how the common law powers of arrest for breach of peace operate. Describe the manner in which the police must arrest people! Evaluate these powers and how effective they are. Are these AO1 or AO2?

6. What is the purpose of an arrest?

8. Threat must come from the person arrested

9. D’s conduct must clearly interfere with the rights of others & its natural consequence must be not wholly unreasonable violence

10. The conduct of the person to be arrested must not be unreasonable.Power One:Breach of the Peace Common law “an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done” Do these common law powers apply to private premises? McConnell v CC of Greater Manchester (1990)

11. Power Two:Arrest with a warrant Magistrate’s Act 1980 s.1 Type of crime? Who issues it? How do you get the warrant?

12. Power Three:Arrest without a warrant SOCPA changed the powers hugely! Before, D could only be arrested for an arrestable offence s.110 SOCPA 2005 s.24 PACE 1984 As amended by rrdmue htfet ssoesspinofonabcnis rubylagr kitcetoutt Code G PACE 1984

13. NOW....? Can you complete the following tasks? Under the new section, the police can arrest, without a warrant: When can the police arrest a suspect now? What do you think of the changes? Why might they have been introduced? … although the police do retain a great deal of discretion over when to arrest or not.

14. Whocan they now arrest?

15. ... In summary A police constable may arrest, without a warrant: Anyone who he reasonably suspects has committed, is committing, or is about to commit an offence; Look at the wording of s.24 as (amended). Does there actually need to be a crime?

16. Err... Isn’t that a little on the broad side?! That’s right, it is. And because the powers are broader, we need a limitation... Even if s.24 applies, the PC can only arrest if it is necessaryon reasonable grounds to arrest them on one of the following grounds... This is known as thenecessity test and is so important that it isn’t just in s.24, but also code G!

17. So when might an arrest be ‘necessary’ To discover the name or address of the suspect To prevent the suspect: Causing physical harm to himself or others Suffering physical injury Causing loss or damage to property Committing an offence against public decency Causing an unlawful obstruction of the highway. To prevent prosecution being hindered by the disappearance… To protect child or other vulnerable person To allow for the prompt & effective investigation of the offence or person’s conduct.

18. Are there any limitations under SOCPA 2005? AO2: Does the ‘necessary’ condition impose enough limitations? What is reasonable suspicion? When might an arrest not be necessary? “known facts or information” G v DPP 1989

20. PC Bob sees Jane hit John in the fact with a fist, breaking his nose. He arrests Jane. At trial Jane is acquitted as it turned out she was defending herself after John tried to rob and assault her.

22. You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence You do not have to say anything....

23. (AO2): Does arrest work?

24. Plenary:Can you be arrested for the following? You are about to rob an old lady You have been identified (wrongly) as being involved in a murder You are drunk You tell the police your name is HRH Elizabeth Windsor You tell them that you live at 10 Downing Street, Westminster You urinate in the street

25. Starter:How much do you recall? The purpose of arrest is... a warrant, under s.24 PACE 1984 arrestable offences The common law power is... s.110 Serious Organized Crime and Police Act 3005 They may also arrest using a ... warrant, under s.1 Magistrates Act 1980 Finally, they can arrest without... Arrest in breach of peace Though this only used to be available for... Any offence But this changed under.... To allow the police to investigate behaviour and protect the public Which allowed them to arrest for...

26. Are these legal arrests? In groups of two or three, you are going to be given a scenario Decide whether or not you think it is a legal arrest and why!

27. Purpose of an arrest? Manner Common law powers Powers of the police to arrest... AO1 Brainstorm Arrest without a warrant? Arrest with a warrant Necessity

28. The End of Unit Question: Describe the powers of the police to arrest a person on the street [18] After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests, and asks why the police officer says, "You know what it's for." The police officer did not see the incident but was told by someone else at the scene that Damon was responsible. Advise Damon as to the lawfulness of his arrest. What can you tell me about the marks and demands of each of these questions?

29. Describe the powers of the police to arrest a person on the street [18]

30. After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests, and asks why the police officer says, "You know what it's for." The police officer did not see the incident but was told by someone else at the scene that Damon was responsible. Advise Damon as to the lawfulness of his arrest. [12]