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
Question 4
Question
The police also need reasonable suspicion for an arrest under s24 PACE
Answer
True
False
Question 5
Question
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?
Answer
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.
Question 6
Question
Which Code of PACE covers arrest under s24 PACE?
Answer
Code G
Code A
Code C
Question 7
Question
What does the code for arrest under s24 PACE explain?
Answer
Guidelines for arrests without a warrant
Guidelines of police uniforms
A compilation of cases where a person was arrested without a warrant.
Question 8
Question
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.
Answer
True
False
Question 9
Question
What information must the police have to apply for a warrant to arrest a person?
Answer
Name
Address
Reason
Phone number
Picture/ ID
Driving licence
Question 10
Question
Which section of which act allows the police to apply for a warrant to arrest a person?
Answer
s1 Magistrates' Court Act 1980
s1-7 Magistrates' Court Act 1980
s24 PACE 1984
Question 11
Question
Which section of which act allows the police to arrest a person for breaching their bail?
Answer
s46 PACE, created by Criminal Justice and Public Order Act 1994
s24 PACE
S1 Magistrates' Court Act 1980
Question 12
Question
Section 26 PACE allows the police to arrest some for breaching the peace?
Answer
True
False
Question 13
Question
What criteria were set by Bibby v Chief Constable of Essex Police (2000) with regards to arrests for breach of the peace?
Answer
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
Question 14
Question
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.
Answer
True
False
Question 15
Question
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.