1. Police Powers 2:
Powers of
Arrest
MAH 2013

2. Starter:
Can you demonstrate your understanding of the
previous topic?
Too easy? Can you annotate the summary to develop level four detail?

3. What is the
purpose
of an arrest?
In other words, why give the police this power?
All of you need to be able to describe the powers of the police to arrest
without a warrant under PACE.
Most of you need to be able to explain what is meant by the ‘necessity
condition’ for an arrest without a warrant.
Some of you need to be able to describe some of the other powers of
arrest available for officers.
To successfully complete an exam question on this, you will need to include
reference to the safeguards under code G as well.

4. Key Power:
Arrest without a warrant
SOCPA changed the
powers hugely!
As amended by
s.24
PACE 1984
s.110
SOCPA 2005
Code G
PACE 1984
Before, D could only be
arrested for an arrestable
offence.
For example:
rrdmue
htfet
ssoesspino fo nabcnis
rubylagr

5. So what did this Act do?
Read the short article and answer the questions to find out how it
changed!
What type of offences can
the police now arrest
someone for?
What test will govern
when they will arrest
someone?
Why do you think they
broadened the powers of
arrest?
Identify one problem with
the change in the powers.

6. What are the words of the Act?
Under s.24 as amended, a constable may arrest, without a warrant...
In one sentence this means:
Anyone who he has reasonable
grounds to believe has, will or is
committing a crime.
Thinking: Does a crime actually need to take
place for an arrest to take place?

7. What is reasonable?
Known facts or information

8. Because we can arrest for any offence, the
arrest must also be ‘necessary’
This is the limitation... So what does it cover?

9. Applying and evaluating the law...
Have you really got it?
Applying and Evaluating the law...
Are these necessary arrests?
You tell the police your name is Mickey Mouse.
You are drunk
You are threatening to throw yourself off the bridge onto the A5
Are these powers sufficiently limited?
The necessity conditions were introduced to provide a limitation to the expanded powers of arrest under s.24.
All of you need to decide whether they limit the powers or not.
Most of you need to be able to make precise reference to a power to support your argument.
Some of you need to consider the counter argument as well.

10. When might it not be necessary?
G v DPP 1989

11. What’s the word?
T
reasonable
Warrant
PACE
Necessary

12. Can you advise PC Bob?
He’s new, and he’s not so sure about these lovely arrest
powers without a warrant
Yesterday, I say Jimmy walking through town. He had
a plastic bag with him, and seemed to be drinking
something and then throwing the cans onto the road.
One car had to swerve to avoid him and nearly hit
another one.
Could I have arrested him without a warrant?

13. Practice what you preach?
Are these arrests necessary?
PC Bob is walking past a house when he sees Jim up a ladder leaning in a window. He
asks him to come down and for some ID. However, Jim has no ID, and no keys. PC Bob
arrests him for attempted burglary.
PC Bob sees Jane hit John in the fact with a fist, breaking his nose. He arrests Jane. At trial Jane is acquitted as it turned
out she was defending herself after John tried to rob and assault her.
PC Bob receives information that a tall man with green hair is wanted in connection with a serious assault which took
place earlier in the day. He sees Louis, who is 6ft 7 and has green hair and arrests him.
Amanda is stopped by PC Bob for speeding. When he asks for her name, she replies “Superwoman.” She is asked for her
name and refuses to give it. She is arrested.

14. Manner of Arrest:
Manner?
Protects the Individual’s Rights by…
Any Problems?
The police may use…
The police must take the
suspect…
s.
PACE 1984
The police may search for…
The police must give them
the…
Caution Do you know the words?
The police must make a ….
This should include…
The police must tell them…
Taylor v CC of Thames Valley Police (2004)
If they are not in uniform...
Remember: the police don’t have to arrest you. What else could they do?

15. You do not havehave toanything. But it may
You do not to say say anything....
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

16. Power One:
Breach of the Peace
Common
law
“an act done or threatened to be done which either actually harms a person, or in his
presence, his property, or is likely to cause such harm being done”
Do these common law powers apply to private premises?
Bibby v Chief Constable of Essex Police (2000)
To arrest someoneof Greater Manchester must be...
McConnell v CC for breach of peace, there (1990)




A sufficiently real and present threat to the peace
Threat must come from the person arrested
D’s conduct must clearly interfere with the rights of others & its natural
consequence must be not wholly unreasonable violence
The conduct of the person to be arrested must not be unreasonable.

17. Power Two:
Arrest with a warrant
Magistrate’s Act 1980 s.1
Type of
crime?
How do you get the
warrant?
Who issues
it?

18. Consolidation:
Have you
understood the key
elements?
Using your understanding of the topic,
complete the revision sheet!
All of you need to complete the central
elements on arrest without a warrant.
Most of your will be able to explain the
other powers to arrest a person on the
street
Some of you will be able to evaluate the
current use of arrest.
Remember...
If you are not sure
ASK!

19. Plenary:
Can you be arrested for the following?
You are about to rob an old lady
You have been identified (wrongly) as being involved in a murder
You are sat on the pavement
You tell the police your name is HRH Elizabeth
Windsor
You tell them that you live at 10 Downing Street, Westminster
You urinate in the street

20. Circle of Knowledge:
Do you know arrest?
Lollipop level? Can you
construct the wheely hard
puzzle using only your
brain.
Sticker Satisfactory? You
may use one of the books,
or your own knowledge.
Too easy?
Can you complete the
bonus knowledge and
explain how it links to at
least one slice?

21. Developing your AO2
Does arrest work?
The necessity
test
The police can
protect the
public
effectively...
There are a
lot of
safeguards.
Look at each of the
following
statements and
add your own
thoughts...
Ethnic
monitoring of
arrested
persons.
Use of police
discretion
17.6% of
arrests end in
conviction
Student Task:
You are going to use your
brains... each other and the
lovely government to put
together some detailed
evaluation of whether arrest
actually works!
All you need to do is complete
one section of each piece of
paper... That’s all!

22. Thank you Ministry of
Justice!

23. Using your knowledge!
Use the snowballs, and your thinking skills to add your own
thinking to the diagram.
All of you will be able to
point out one good or bad
thing about that point.
Most of you will be able to
add some evidence to
support your explanation.
Some of you will be able to
include reference to a
counterargument to
develop a true, level 4
‘discussion’.
The
necessity
test
The police
can protect
the public
effectively...
Ethnic
monitoring
of arrested
persons.
There are a
lot of
safeguards.
Look at each of
the following
statements and
add your own
thoughts...
Use of police
discretion
17.6% of
arrests end
in conviction

24. Plenary:
Can you complete the following to recap the
powers to arrest?
The purpose of arrest is...
The common law power is...
a warrant, under s.24 PACE 1984
arrestable offences
They may also arrest using a ...
s.110 Serious Organized Crime and
Police Act 3005
Finally, they can arrest without...
warrant, under s.1 Magistrates Act
1980
Though this only used to be available for...
But this changed under....
Which allowed them to arrest for...
Arrest in breach of peace
Any offence
To allow the police to investigate
behaviour and protect the public

25. Homework:
How much have you understood so far?
12A
Complete the Statutory
Instrument research on p.9 of
your delegated legislation
handout
and
Still not a
good excuse!
Complete the short task sheet
Due: 11th October 2013
12B
Complete the short task sheet.
Due: 10th October 2013
*and don’t forget your IS!

26. Have you got it?
Or more importantly can you tell the difference
between arrest and stop and search?

27. Evaluation:
How well are you doing and what can you do to
improve your brilliance?
What are you aiming to
achieve in AS Law this
year?
Your progress is in relation
to your ALPS score.
Look at the comments on your stop and
search essays
 What have you done well?
 What could you improve?
You are going to pick one thing to
improve on in your next essay
Green – above ALPS
Amber – on ALPS
Red – below ALPS
...and these notes will give
you some pointers on
where to go from here!

28. Evaluation questions: The last challenge!
Discuss whether the rights of the individual are adequately protected during stop and search and arrest on the street.

29. Demonstrating your understanding
Describe the powers of the police and the rights of the individual during an arrest. [18]

30. What happens next?
You are going to
watch an episode
from BBC’s the
Lock Up about life
in a custody suite.
You will need to
make notes on:
 The rights you
have in custody
Jim, who is 14,
is interviewed
by the police on
his own.
Susie has her
fingerprints
and DNA taken
by force.
John refuses
to give the
police a blood
sample.
The powers the
police have when
someone is in their
custody.