Embedded Files
This Website is Protectively Marked as **UK OFFICAL** Data on this website is not to be shared with members of the public.
Introduction
One of the most well known Policing Powers is the power of arrest. This power allows a constable in certain circumstances to deprive an individual of their liberty however, given the seriousness of this power and its potential impact on a persons rights and freedoms it must be exercised only when it is appropriate to do so and in line with the checks and balances imposed by the law. Accordingly there are only two circumstances where an officer pay arrest someone:
When a warrant for the arrest has been issued by a judge;
When an officer is using their powers under section 24 of the Police and Criminal Evidence Act 1984
Arrests with a Warrant issued by a Judge
(Note: This does not include Police Issued arrest warrants)
Any Judge in Los Santos may issue a warrant for the arrest of an individual. When a warrant is issued it will be placed on the Police National Computer to inform officers that an individual is wanted, as well as allowing automatic numberplate recognition camaras to inform the police if a vehicle registered tot he wanted person has passed it. This warrant will include details of what is to be done with the suspect upon thier arrest.
When an officer is arresting someone for whom a judicial warrant has ben issued they must inform the suspect of presence of the warrants, the details of it and then follow the instructions the warrant gives.
Arrests without a warrant
Section 24 of the Police and criminal Evidence act 1984 sets out that any constable may arrest and person they have reasonable grounds to suspects:
Has committed a criminal offence; or
Is committing a criminal offence; or
Is about to commit a criminal offence; and
The officer believes that it is necessary to arrest that person.
Reasonable grounds to Suspect
Reasonable grounds to suspect are not set out in law as they can be numerous however these grounds must be biased on information such as:
Information passed to the police;
Observations of the officer;
Actions of the suspect.
These grounds must be objective such that any other reasonable person in the same circumstances would also suspect the person has/is/is about to commit a criminal offence.
Necessity for Arrest
PACE Code G sets out when it is necessary to arrest an individual and thease resons can be placed into the phnumonic ID COP PLAN:
I - Investigation: A prompt and effective investigation of an offense or conduct.
D - Disappearance: Preventing the prosecution from being hindered by the disappearance of a person.
C - Child/Vulnerable Person: To protect a child or vulnerable person from the person in question.
O - Obstruction of Highway: When a person is obstructing the highway.
P - Physical Injury: When there is physical injury to themselves or someone else.
P - Public Decency: When there is a violation of public decency.
L - Loss or Damage: When there is loss or damage to property.
A - Address Not Ascertained/Provided: When the address of a person is not ascertained or provided.
N - Name Not Ascertained/Provided: When the name of a person is not ascertained or provided.
Video on Arrests without a warrant
Arrest Procedure
When arresting someone there is a set procedure that must be followed and certain information that must be given to the suspect.
The suspect must be informed they're under arrest
Even if it is obvious the individual in under arrest they must be told directly and without ambiguity "you are under arrest"
The suspect must be read the "When Questioned Caution"
"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."
The suspect must be informed the grounds for the arrest
The suspect must be informed what offence they're suspected of and the reasons why the officer suspects this. For example "Assaulting an emergency worker as you just assaulted PC Blogs by striking him with your fists"
The suspect must be informed the necessity for the arrest
The suspect must be informed the necessity for the arrest and generally speaking at least two necessities should be present however if there are more then these must be communicated to the suspect
Post Arrest Search under section 32 PACE
Once a suspect is under arrest an officer may search them, any vehicle they were in and any place they were immediately prior to arrest for any evidence relating to an offence or anything they may use to escape lawful custody. (Note: This is not a stop and search and as such GOWISLEY does not need to be applied)
Transportation to the closest custody suite
The suspect should be take to the closest police station with a custody suite unless that station is unsafe or closed for any other reason.
Page updated
Google Sites
Report abuse