What is the Serious Organised Crime and Police Act and what did it do?
The SOCP made some significant changes to police powers to arrest given by PACE. Police can arrest without a warrant and these powers can be used for any offence.
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What does section 24 PACE state the police can do?
police can arrest anyone who has/is/is about to commit any offence.
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Can the Police arrest if they have reasonable suspicion?
Yes the police can arrest if they have reasonable suspicion that a suspect has/is/is about to commit any offence.
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What two requirements are there for there to be a lawful arrest?
The arrest MUST be necessary and the police must have reasonable suspicion this suspect has/is/is about to commit the offence.
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Section 24 PACE states that arrest is necessary if...
the police need to do it to determine true name/adress of suspect, prevent suspect from causing physical injury to themselves or others, prevent them from damaging property, prevent an offence against public decency ect.
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Code G on arrest states what two elements are needed for a lawful arrest?
Involvement or suspected involvement in an offence and reasonable grounds for believing the arrest is necessary.
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What is the Criminal Justice and Public Order Act additional powers?
Gives the police the right to arrest where a person has been released on bail but has failed to attend a police station at the correct time.
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What additional powers does the Common law arrest for breach of the peace give?
arrest if there is a real&present danger of threat to the peace,threat must come from the person being arrested,conduct of person being arrested must interfere with others right& conduct must be unreasonable
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How can police apply for a warrant for an arrest?
Section 1 Magistrates Court Act states that police can apply to magistrates for warrant but warrant will only be given if the offence is punishable by imprisonment.
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What rights does an individual have when being arrested?
Must be given reason/told they are being arrested/cautioned/search can only be limited in a public place/must be taken to a police station as soon as practicable and the police may use reasonable force.
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Under what section of PACE does it give the suspect the right to be informed of a reason of their arrest?
Section 28 PACE
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What section of Pace gives suspects the right to be taken to the police station as soon as practicable?
Section 30 PACE
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What case can back up the legal principle that suspect should be informed that they are being arrested?
Taylor v CC of Thames Valley Police
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Other cards in this set
Card 2
Front
What does section 24 PACE state the police can do?
Back
police can arrest anyone who has/is/is about to commit any offence.
Card 3
Front
Can the Police arrest if they have reasonable suspicion?
Back
Card 4
Front
What two requirements are there for there to be a lawful arrest?
Back
Card 5
Front
Section 24 PACE states that arrest is necessary if...
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