What does section 24 of PACE cover?
Arrest with a warrant.
Arrest without a warrant.
Which section of which act changed s24 PACE?
S110 Serious Organised Crime and Police Act 2005
S60 Criminal Justice and Public Order Act 1994
S110 Criminal Justice 2003
What does s24 PACE say?
Police may arrest a person where an offence: -has/may have been committed -is/may be being committed -is about to be committed
Police may arrest a person where an offence: -has/may have been committed -is/may be being committed
Police must have a warrant to arrest people
The police also need reasonable suspicion for an arrest under s24 PACE
The necessity test puts limits on when an arrest is necessary. Which of the following is NOT an occasion where it would be necessary to arrest someone?
To ascertain the person's name and address.
To take a photo of the person
To prevent the person causing physical injury to self or others.
Prevent the person disappearing which would hinder the prosecution.
Which Code of PACE covers arrest under s24 PACE?
Code G
Code A
Code C
What does the code for arrest under s24 PACE explain?
Guidelines for arrests without a warrant
Guidelines of police uniforms
A compilation of cases where a person was arrested without a warrant.
Section 28 PACE states that a person being arrested must be told the grounds for their arrest. Code G says that this must be in clear, non-technical terms.
What information must the police have to apply for a warrant to arrest a person?
Name
Address
Reason
Phone number
Picture/ ID
Driving licence
Which section of which act allows the police to apply for a warrant to arrest a person?
s1 Magistrates' Court Act 1980
s1-7 Magistrates' Court Act 1980
s24 PACE 1984
Which section of which act allows the police to arrest a person for breaching their bail?
s46 PACE, created by Criminal Justice and Public Order Act 1994
s24 PACE
S1 Magistrates' Court Act 1980
Section 26 PACE allows the police to arrest some for breaching the peace?
What criteria were set by Bibby v Chief Constable of Essex Police (2000) with regards to arrests for breach of the peace?
There must be a sufficiently real and present threat that can justify the person loosing their liberty
The threat must come from the person being arrested.
The person's conduct must interfere with the rights of other people.
The person's conduct must be unreasonable.
The person's volume must be over 90 dB.
The person being arrested does not have to be the one making the noise but is in charge of the event.
At least 7 people must complain
It can be argued that the necessity test gives too much power to police. Some people say that it can be argued that it is always necessary to arrest a person.
Changes to PACE by s110 of SOCPA 2005 means that police can arrest for ANY offence and Code G gives officers an enormous degree of discretion on when they can/should use these powers.
