Police Powers: Arrest – S24 PACE, As Amended By Serious Organised Crime And Police Act 2005; PACE Code G (Copy)
Police Powers: Arrest – s.24 Police and Criminal Evidence Act 1984 (PACE) as Amended by the Serious Organised Crime and Police Act 2005; PACE Code G
Case Precedents & Statutes Sheet (AS Level Law – England and Wales)
Core Statutory Framework for Arrest
| Authority | Type | Legal Significance | Exam Focus |
|---|---|---|---|
| Police and Criminal Evidence Act 1984 (PACE) s.24 | Statute | General power of arrest without warrant | Core provision |
| Serious Organised Crime and Police Act 2005 (SOCPA) | Statute | Introduced the necessity test | Reform |
| PACE Code G | Code of Practice | Guidance on necessity and lawfulness | Safeguards |
| Human Rights Act 1998 (Art 5 ECHR) | Statute | Right to liberty | Rights balance |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Purpose of Arrest Powers
- To:
- Secure attendance at police station
- Prevent harm or further offences
- Enable prompt and effective investigation
- Must balance:
- Effective law enforcement
- Protection of individual liberty
Arrest Without Warrant – PACE s.24
Legal Power
- Police may arrest without a warrant anyone who:
- Is about to commit
- Is committing
- Is suspected of committing
- Has committed an offence
Conditions for a Lawful Arrest (Two-Part Test)
| Requirement | Explanation |
|---|---|
| Reasonable suspicion | Objective grounds based on facts |
| Necessity test | Arrest must be necessary |
- Both elements must be satisfied
Reasonable Suspicion
Legal Meaning
- Based on:
- Facts
- Information
- Intelligence
- Not based on:
- Stereotypes
- Personal bias
- Appearance alone
Key Authority
| Case | Court | Principle | Exam Use |
|---|---|---|---|
| O’Hara v Chief Constable of the RUC (1997) | House of Lords | Suspicion must be honest and reasonable | Core case |
The Necessity Test (Introduced by SOCPA 2005)
Statutory Basis
- PACE s.24(5)
Arrest must be necessary for at least one reason
Necessity Grounds (s.24(5))
| Ground | Explanation |
|---|---|
| Ascertain name | Name unknown or doubtful |
| Ascertain address | Address unknown or doubtful |
| Prevent injury | Protect public or suspect |
| Prevent damage | Property protection |
| Prevent offence | Stop further offences |
| Protect vulnerable person | Safeguarding |
| Prompt investigation | Effective investigation |
| Prevent disappearance | Ensure attendance |
Key Case Law on Necessity
| Case | Court | Principle | Exam Use |
|---|---|---|---|
| Richardson v Chief Constable of West Midlands Police (2011) | Court of Appeal | Necessity strictly applied | Limits |
| Lumba v Secretary of State for the Home Department (2011) | Supreme Court | Liberty protection | Rights |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
PACE Code G – Guidance on Arrest
Legal Status
- Statutory Code of Practice
- Breach may:
- Render arrest unlawful
- Lead to exclusion of evidence (PACE s.78)
Key Principles Under Code G
| Principle | Explanation |
|---|---|
| Arrest is last resort | Use only if necessary |
| Voluntary attendance preferred | Where possible |
| Individual assessment | No blanket arrests |
| Accountability | Reasons must be recorded |
Code G on Necessity
- Arrest not justified if:
- Voluntary attendance sufficient
- Less intrusive options available
- Officer must:
- Consider alternatives
- Record reasons for arrest
Information to Be Given on Arrest
Legal Requirement (PACE s.28)
| Requirement | Explanation |
|---|---|
| Fact of arrest | Person must know they are arrested |
| Grounds | Reasons explained |
| Timing | At time of arrest or ASAP |
Key Case Authority
| Case | Court | Principle |
|---|---|---|
| Christie v Leachinsky (1947) | House of Lords | Reasons for arrest must be given |
Arrest for Indictable and Summary Offences
| Offence Type | Arrest Power |
|---|---|
| Summary offences | Arrest possible if necessity met |
| Either-way offences | Arrest common |
| Indictable offences | Arrest usually justified |
Arrest and Human Rights
Article 5 ECHR (Right to Liberty)
| Requirement | Application |
|---|---|
| Lawful arrest | Must follow statute |
| Reasons given | Transparency |
| Prompt judicial control | Safeguard |
- Incorporated via:
- Human Rights Act 1998
Consequences of an Unlawful Arrest
| Consequence | Legal Effect |
|---|---|
| Evidence excluded | PACE s.78 |
| Civil action | False imprisonment |
| Damages | Compensation |
| Disciplinary action | Police accountability |
Comparison: Arrest With vs Without Warrant
| Feature | Without Warrant | With Warrant |
|---|---|---|
| Authority | PACE s.24 | Magistrate |
| Speed | Immediate | Slower |
| Common use | Most arrests | Rare |
| Safeguards | Necessity test | Judicial approval |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Advantages of Modern Arrest Powers
| Advantage | Explanation |
|---|---|
| Clarity | Single power of arrest |
| Safeguards | Necessity test |
| Efficiency | Faster policing |
| Rights protection | Code G guidance |
Criticisms and Limitations
| Criticism | Evaluation |
|---|---|
| Broad discretion | Risk of overuse |
| Inconsistent application | Officer judgment varies |
| Liberty intrusion | Arrest impacts rights |
| Accountability issues | Requires strict oversight |
Examiner-Focused High-Band Integration
- Always:
- Apply two-part test: suspicion + necessity
- Mention SOCPA 2005 reform
- Support with cases:
- O’Hara v CC RUC
- Christie v Leachinsky
- Evaluate:
- Efficiency vs liberty
- Arrest vs voluntary attendance
Ultra-Condensed Exam Recall Grid
| Concept | Authority | Memory Hook |
|---|---|---|
| Arrest power | PACE s.24 | No warrant |
| Reform | SOCPA 2005 | Necessity |
| Guidance | Code G | Last resort |
| Reasons | PACE s.28 | Explain |
| Rights | Art 5 ECHR | Liberty |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course