Law - Arrest Essay

326 Words2 Pages
PACE Section 24 of Pace sets out the powers the police have to arrest suspects. PACE Code of Practice G gives guidelines for arrest under the following powers: A lawful arrest requires two elements: 1. A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; AND 2. Reasonable grounds for believing that the person’s arrest is necessary. The code points out that the power to arrest is exercisable only if the constable has reasonable grounds for believing that it is necessary to arrest the person. It remains an operational decision at the judgment of the arresting officer as to: - What action he or she may take at the point of contract with the individual. - The necessary criteria, if any which apply - Whether to arrest, report for summons, grant street bail, issue a fixed penalty notice or take any other action open to the officer Arrest must be justified An arresting officer can arrest only if he has reasonable grounds for believing that it is necessary to make the arrest for one of the following reasons: - To enable the person’s name or address to be ascertained. - To prevent the person: causing physical injury to himself or any other person - Suffering physical injury - Causing loss of or damage to property - Committing an offence against public decency - Causing an unlawful obstruction of the highway - To protect a child/vulnerable person - To allow the prompt and effective investigation of the offence/of the conduct of the person - To prevent any prosecution for the offence from being hindered by the disappearance of the person in question. The use of powers of arrest must be fully justified and officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means. The exercise of arrest powers is subject to a test of

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