Criminal Criminal Justice Justice

process- PACEprocess- PACE

ARRESTSARRESTS

Powers to ArrestPowers to ArrestWhat is being arrested?What is being arrested?

Spicer v Holt (1977)Spicer v Holt (1977)as per Lord Dilhorneas per Lord Dilhorne

““Whether or not a person has been Whether or not a person has been arrested depends not upon the arrested depends not upon the legality of the arrest, but on whether legality of the arrest, but on whether he has been deprived of his liberty to he has been deprived of his liberty to go where he pleases”go where he pleases”

So a person “detained” by So a person “detained” by police against his will is police against his will is arrested. arrested.

Powers to ArrestPowers to ArrestWhat are lawful arrests ?What are lawful arrests ?

1. Arrests under warrant1. Arrests under warrant

2. Arrests without warrant (at 2. Arrests without warrant (at common law)common law)

3. Arrests without warrant 3. Arrests without warrant (under statute)(under statute)

Arrest under Arrest under warrantwarrant

The police lay a written information The police lay a written information on oath before a magistrate that a on oath before a magistrate that a person ‘has’ or is suspected of person ‘has’ or is suspected of having committed an offence.having committed an offence.

S 1 of the Magistrates Courts S 1 of the Magistrates Courts Act 1980Act 1980but,but,

warrants should not be issued unless warrants should not be issued unless the offence in question is the offence in question is indictable indictable or is punishable with imprisonment.or is punishable with imprisonment.

The Criminal Justice Act (1967)The Criminal Justice Act (1967)

Common law arrestsCommon law arrestsThe only power that exists in The only power that exists in common law for arrests is where a :common law for arrests is where a :

breach of peacebreach of peace has been committed has been committed and there are reasonable grounds and there are reasonable grounds for believing that it will be continued for believing that it will be continued or renewed or where a breach of or renewed or where a breach of peace is reasonably apprehended.peace is reasonably apprehended.

Common law arrestsCommon law arrestsWhat is a breach of peace ?What is a breach of peace ?

R v Howell (1981)R v Howell (1981)Facts : The D was arrested after being Facts : The D was arrested after being involved in a disturbance at a street involved in a disturbance at a street party in the early hours of the morning.party in the early hours of the morning.

Held : whenever harm is actually done Held : whenever harm is actually done or is likely to be done to a person..or a or is likely to be done to a person..or a person is in fear of being so harmed person is in fear of being so harmed through an assault, an affray, a riot, through an assault, an affray, a riot, unlawful assembly or other unlawful assembly or other disturbance’…then there is a breach of disturbance’…then there is a breach of peacepeace

Common law arrestsCommon law arrestsWhat is a breach of peace ?What is a breach of peace ?

McConnell v Chief Constable of McConnell v Chief Constable of Manchester (1990)Manchester (1990)Held : At common law, a police Held : At common law, a police officer may arrest a person for officer may arrest a person for conduct which he genuinely suspects conduct which he genuinely suspects might be likely to cause a breach of might be likely to cause a breach of peace, even on private premises peace, even on private premises where no member of the public is where no member of the public is present.present.

Statutory arrestStatutory arrestS 24 PACE 1984S 24 PACE 1984

The right to arrest is governed The right to arrest is governed by S24.by S24.

There are differences in the There are differences in the power of arrest given to power of arrest given to private private citizenscitizens and the police and the police..

Statutory arrestStatutory arrestS24 (4) PACE - power to arrest S24 (4) PACE - power to arrest by anyoneby anyoneS24 subsection (4) : S24 subsection (4) : in the act of in the act of committingcommitting

Any person may arrest without Any person may arrest without warrant:warrant:

a) anyone who is in the a) anyone who is in the act of act of committing an arrestable offencecommitting an arrestable offence

b) anyone whom he has b) anyone whom he has reasonable reasonable grounds for suspecting to be grounds for suspecting to be committing such an offencecommitting such an offence

Statutory arrestStatutory arrestWhat is an arrestable offence?What is an arrestable offence?

1) that has its sentence fixed by 1) that has its sentence fixed by lawlawe.g. life imprisonment for murdere.g. life imprisonment for murder

2) any offence for which one 2) any offence for which one would be liable to 5 years would be liable to 5 years imprisonment or more.imprisonment or more.

3) any offences listed in s24(2) 3) any offences listed in s24(2) of PACEof PACEa) official secrets acta) official secrets act

b) indecent assault on womenb) indecent assault on women

c) taking a motor vehicle without c) taking a motor vehicle without authorityauthority

d) going equipped for stealingd) going equipped for stealing

Statutory arrestStatutory arrestS 24 (5) - power to arrest by S 24 (5) - power to arrest by anyoneanyoneS24 subsection (5) : S24 subsection (5) : has committedhas committed

Where an arrestable offence Where an arrestable offence has has been committed,been committed, any person may any person may arrest without warrant :arrest without warrant :

a) anyone who is guilty of the a) anyone who is guilty of the offenceoffence

b) anyone whom he has reasonable b) anyone whom he has reasonable grounds for suspecting to be guilty grounds for suspecting to be guilty of the offenceof the offence

Statutory arrestStatutory arrestS 24 (6) - power to arrest by S 24 (6) - power to arrest by constableconstable

(6)(6) : Where a constable has : Where a constable has reasonable reasonable grounds for suspectinggrounds for suspecting that an that an arrestable offence has been committedarrestable offence has been committed, , he may arrest without warrant anyone he may arrest without warrant anyone whom he has reasonable grounds for whom he has reasonable grounds for suspecting to be guilty of the offence.suspecting to be guilty of the offence.

Statutory arrestStatutory arrestS 24 (7) - power to arrest by S 24 (7) - power to arrest by constableconstable

(7) : (7) : Constable may arrest without a Constable may arrest without a warrant :warrant :

a) anyone who is a) anyone who is about to commitabout to commit an an arrestable offencearrestable offence

b) anyone whom he b) anyone whom he has reasonable has reasonable grounds for suspectinggrounds for suspecting to be to be about to about to commit an arrestablecommit an arrestable offence offence

Statutory arrestStatutory arrestNote that a police officer can Note that a police officer can arrest on reasonable grounds of arrest on reasonable grounds of suspicion that an arrestable suspicion that an arrestable offence has been committed.offence has been committed.

In other words he is effectively In other words he is effectively protected from a civil action if protected from a civil action if he he makes an arrest and an makes an arrest and an offence in fact has not been offence in fact has not been committed.committed.

Statutory arrestStatutory arrest

What is reasonable suspicion?What is reasonable suspicion?

The key requirement is based The key requirement is based on the information available to on the information available to the arresting officer at the time the arresting officer at the time that he/she makes the arrestthat he/she makes the arrest

Redmond-Bate v DPP (1999)Redmond-Bate v DPP (1999)

Statutory arrestStatutory arrestA Police officer is given A Police officer is given additional powers under S25 additional powers under S25 PACE :PACE :

S25(1) states :S25(1) states :Where a constable has reasonable Where a constable has reasonable grounds for suspecting that an grounds for suspecting that an offence offence which is not an arrestable which is not an arrestable offenceoffence has been committed or has been committed or attempted, or is being committed or attempted, or is being committed or attempted, he may arrest the attempted, he may arrest the relevant person if it appears to him relevant person if it appears to him that service of a summons is that service of a summons is impracticable or inappropriate impracticable or inappropriate because any of the because any of the general arrest general arrest conditionsconditions is satisfied. is satisfied.

Statutory arrestStatutory arrestS25(3) defines what the general S25(3) defines what the general arrest conditions are :arrest conditions are :They are that the officer does not They are that the officer does not know and cannot find out the know and cannot find out the suspect’s name and address (or he suspect’s name and address (or he has reasonable grounds to think that has reasonable grounds to think that he has been given a false name or he has been given a false name or address); or he has reasonable address); or he has reasonable grounds for believing that an arrest grounds for believing that an arrest is necessary to prevent someone is necessary to prevent someone causing physical harm to himself or causing physical harm to himself or someone else; or loss of or damage someone else; or loss of or damage to property; or an offence against to property; or an offence against public decency; or an obstruction of public decency; or an obstruction of the highway.the highway.

Statutory arrestStatutory arrestG v DPP (1989)G v DPP (1989)Facts :Facts : The appellant (G) with other The appellant (G) with other juveniles, including a co-accused juveniles, including a co-accused went to a police station to complain went to a police station to complain about being ejected from a public about being ejected from a public service. On being asked their names service. On being asked their names and addresses, the appellant and addresses, the appellant refused. Some of the others refused. Some of the others apparently gave false addresses. Gill apparently gave false addresses. Gill and the others became threatening and the others became threatening and abusive. Gill was arrested for and abusive. Gill was arrested for ‘disorderly behaviour in a police ‘disorderly behaviour in a police station’.station’.

Statutory arrestStatutory arrestG v DPP (1989)G v DPP (1989)

Held : The Divisional court held that Held : The Divisional court held that the offence of disorderly behaviour the offence of disorderly behaviour in a police station was not an in a police station was not an arrestable offence and S25(1) could arrestable offence and S25(1) could only be used if s25(3) the general only be used if s25(3) the general arrest conditions requirements was arrest conditions requirements was satisfied.satisfied.

In this case, the general arrest In this case, the general arrest condition was not satisfied, as the condition was not satisfied, as the youths had not committed an offence youths had not committed an offence when questioned about the address.when questioned about the address.

Statutory arrestStatutory arrestSummary :Summary :

S24(4)S24(4) : offence : offence in the actin the act of beingof being committed - anyone committed - anyone

can arrestcan arrest

S24(5)S24(5) : offence : offence has beenhas been committed committed

- anyone can arrest- anyone can arrest

S24(6)S24(6) : : reasonable grounds for reasonable grounds for suspectingsuspecting that offence that offence has been has been committedcommitted

- - Police officer may arrestPolice officer may arrest

S24(7)S24(7) : Offence about to be : Offence about to be committed committed

- Police officer may arrest- Police officer may arrest

S25(1)S25(1) : service of summons : service of summons impracticableimpracticable

- Police officer may arrest- Police officer may arrest

Statutory arrestStatutory arrestWalters v WH Smith & Son Ltd Walters v WH Smith & Son Ltd (1914) CA(1914) CAFacts : The defendants had reasonably Facts : The defendants had reasonably suspected that Walters had stolen books suspected that Walters had stolen books from a station book stall. At his trial, from a station book stall. At his trial, Walters was acquitted as the jury Walters was acquitted as the jury believed that Walters had intentions to believed that Walters had intentions to pay for the books.pay for the books.

Walters sued WH smith for false Walters sued WH smith for false imprisonment.imprisonment.

The CA held that to justify an arrest by a The CA held that to justify an arrest by a private individual, he had to show private individual, he had to show not not only reasonable suspiciononly reasonable suspicion but also that but also that the the offence in fact had been committed.offence in fact had been committed.

Held : Held : WH smith had failed to make a WH smith had failed to make a proper arrest.proper arrest.

Statutory arrestStatutory arrestThe old common law distinction of The old common law distinction of arrest after commission of offence arrest after commission of offence for private individuals and police is for private individuals and police is adopted in S24(4) of PACE.adopted in S24(4) of PACE.

Police officers only need to show Police officers only need to show that there was reasonable grounds that there was reasonable grounds for suspecting that an arrestable for suspecting that an arrestable offence had been committed :24(6)offence had been committed :24(6)

Private individuals can only justify Private individuals can only justify their arrest if an offence has been their arrest if an offence has been committed S24(5)committed S24(5)

Statutory arrestStatutory arrestR v Self (1992)R v Self (1992)Facts : The Defendant was seen by a Facts : The Defendant was seen by a store detective in Woolsworths to pick store detective in Woolsworths to pick up a bar of chocolate and leave the store up a bar of chocolate and leave the store without paying. The detective followed without paying. The detective followed him out of the street and with the him out of the street and with the assistance of a member of the public she assistance of a member of the public she arrested the suspect under S24(5) of arrested the suspect under S24(5) of PACE1984.PACE1984.

Held : The Defendant was acquitted of Held : The Defendant was acquitted of theft.theft.

The court found that an arrest by a The court found that an arrest by a citizen is only possible when the offence citizen is only possible when the offence in fact was committed, and as the jury in fact was committed, and as the jury decided the offence was not committed decided the offence was not committed the arrest was an illegal arrest.the arrest was an illegal arrest.

Statutory arrestStatutory arrestWhat is “reasonable grounds for What is “reasonable grounds for suspecting”?suspecting”?

Castorina v Chief Constable of Castorina v Chief Constable of Surrey (1988)Surrey (1988)Facts : Police detectives reasonably Facts : Police detectives reasonably concluded that the burglary of a concluded that the burglary of a company’s premises was an ‘inside job’. company’s premises was an ‘inside job’. The MD had told them that they had The MD had told them that they had recently dismissed someone(the recently dismissed someone(the plaintiff), although the MD did not think plaintiff), although the MD did not think that it would be her. that it would be her.

The police arrested her under S24(6), The police arrested her under S24(6), brought her to the station and later brought her to the station and later released her without charge.released her without charge.Held : CA : LJ Purchas said that the test for Held : CA : LJ Purchas said that the test for ‘reasonable cause’ must be objective.‘reasonable cause’ must be objective.

The office had reasonable grounds to The office had reasonable grounds to believe that she had committed the believe that she had committed the offence..ie. Suspect offence committed.offence..ie. Suspect offence committed.

Statutory arrestStatutory arrestLJ Woolf said that there were three LJ Woolf said that there were three things to consider in cases where an things to consider in cases where an arrest is alleged to be unlawful.arrest is alleged to be unlawful.

1) Did the arresting officer suspect that 1) Did the arresting officer suspect that the person who was arrested had the person who was arrested had committed the offence.committed the offence.

2) Was there reasonable proof of that 2) Was there reasonable proof of that suspicion?suspicion?

3) Did the office have a discretion to 3) Did the office have a discretion to arrest and the question then was arrest and the question then was whether he had exercised his discretion whether he had exercised his discretion properly. (based on properly. (based on Wednesbury Wednesbury principlesprinciples))

see see Associated Provincial Picture v Associated Provincial Picture v Wednesbury Corp(1948)Wednesbury Corp(1948)

Statutory arrestStatutory arrestThe Wednesbury principles were laid The Wednesbury principles were laid down by down by

Lord Greene MR in the case ofLord Greene MR in the case of

Associated Provincial Picture Associated Provincial Picture House v Wednesbury Corpn (1948)House v Wednesbury Corpn (1948)“… “… a person entrusted with a discretion a person entrusted with a discretion must, so to speak, direct himself must, so to speak, direct himself properly in the law. He must call his own properly in the law. He must call his own attention to matters which he is bound attention to matters which he is bound to consider. He must to consider. He must exclude from his exclude from his consideration matters, which are consideration matters, which are irrelevantirrelevant to what he has to consider. If to what he has to consider. If he does not obey those rules, he may be he does not obey those rules, he may be truly said and often said to be truly said and often said to be acting acting unreasonablyunreasonably.”.”

Statutory arrestStatutory arrestHolgate - Mohamed v Duke (1984)Holgate - Mohamed v Duke (1984)Facts : The police arrested a former Facts : The police arrested a former lodger for theft of jewellery from a lodger for theft of jewellery from a house where she had lived in order to house where she had lived in order to question her at the police station.question her at the police station.

Held : Where a police officer reasonably Held : Where a police officer reasonably suspects an individual of having suspects an individual of having committed an arrestable offence he may committed an arrestable offence he may arrest that person with a view to arrest that person with a view to questioning her at the police station.questioning her at the police station.

His decision can only be questioned if he His decision can only be questioned if he acted improperly by taking something acted improperly by taking something irrelevant into account.irrelevant into account.

Statutory arrestStatutory arrestDetention short of arrestDetention short of arrest

““helping police with their helping police with their inquiries”inquiries”

R v Lemsatef (1977)R v Lemsatef (1977)as per Lawton LJas per Lawton LJ

“ “ It must be clearly understood that It must be clearly understood that neither customs officers nor police neither customs officers nor police officers have any right to detain officers have any right to detain somebody for the purposes of getting somebody for the purposes of getting them to help with their inquiries.”them to help with their inquiries.”