#13792 - Powers Of Arrest And Search - BPC Criminal Litigation (formerly BPTC) 2024/2025

Arrest without Warrant

s24 PACE

A constable may arrest anyone without a warrant whom he has reasonable grounds for suspecting that any offence:

1. HAS been committed;

2. IS BEING committed;

3. IS ABOUT TO BE committed

Or anyone whom he has reasonable grounds to suspect of being guilty of it.

The arrest is necessary to: (s24(5) PACE):

1. Ascertain name;

2. Ascertain address;

3. Prevent the person causing:

   1. Injury to himself or others;

   2. Suffering physical injury;

   3. Causing damage to property;

   4. Committing an offence against public decency;

   5. Obstructing the highway;

4. Protect a child or other vulnerable person;

5. To allow prompt investigation of an offence;

6. To prevent the disappearance of a person suspected of an offence.

In exam, always say the obvious... He has reasonable grounds for believing because someone told the officer the suspect was X/looked like/ etc”

• The arrest is not lawful until the person is informed of the grounds of their arrest ASAP, unless not reasonable to do so;

• C:10.13 - Every time caution given, it should be recorded.

• C:11.13 - Any unsolicited comment outside of interview should be written down, and should be shown to C, and shown to suspect or read to suspect, and given opportunity to sign that.

• The person must be taken to a police station “as soon as is reasonably practicable” (s30 PACE) unless the arrest is granted “Street bail” (s4 CJA 2003). Huge delays here may lead to exclusion of the confession (s78 PACE - R v Halliwell).

• Officer doesn’t need a specific power of arrest in mind, only a general idea of the offence (s24(2) PACE)

s17 PACE - Entry for purpose of Arrest

REASON-Constable may enter & search premises to:

1. Execute warrant of arrest or warrant of committment;

2. Arrest for an indictable offence;

3. s4 Public Order Act 1986(fear or provocation of violence);

4. [LOTS OF SPECIFIC OFFENCES...]

5. Arresting someone unlawfully at large, and recapture;

6. Saving life or limb, or preventing serious damage to property.

GROUND-Reasonable Grounds for believing that:

• The person sought is on the premises (in shared premises, only common areas, or where he reasonably suspects the person may be) and the officer’s access is limited, in relation to premises consisting of 2+ dwellings, to any “common parts” and any part the constable has reasonable grounds for believing the person whom he is seeking may be.

s1 PACE - Stop and Search

REASON- Constable may stop & search persons to:

1. Search for:

   1. Stolen/prohibited articles (s1(7): offensive weapon (def:s1(9)as causing injury to persons), or an article adopted for burglary, theft, taking motor vehicle without authority, fraud, or criminal damage); or

   2. Fireworks.

2. In a Public Place or private residence where non-occupier.

GROUND- Reasonable Grounds for Suspecting- Defined in Code A2.2-2.11 as objective based on facts, intelligence, or information relevant to finding the prohibited articles on the person.

The power cannot be exercised it unnecessary/impracticable.

Procedure

To search the officer must (s3 PACE):

1. Inform person that he is going to search him;

2. Give Name of Officer;

3. Give Station of Officer;

4. What items officer is searching for;

5. Why officer is searching (“reasonable grounds” sufficient)

Officer cannot require removal of anything but coat and gloves.

Seizure - s51 CJPOA 1994 gives power of seizure after a lawful search.

s18 PACE - Entry & Search After Arrest

Prerequisite: Arrested Person

• REASON- Constable may enter & search premises occupied/controlled by a person after their arrest for an indictable offence if:

• GROUND-He has reasonable grounds for suspecting there is evidence (other than LPP) on premises that relates to offence.

Procedure - It must be done with the written authority of an Inspector (or above), unless the search is done before person is taken to police station, and his presence is necessary for the effective investigation of the offence(e.g.: fraud cases - access to computers)

Power of Seizure - Police have a Power of seizure. (s18(2))