With safety of the people and the officer and

With or without warrant arrest:

There are two form of arrest that a police use in the U.K
one is with warrant and the other is without warrant. If the police want to
make an arrest. They must get a warrant from the magistrate’s courts, the
police officer must present details of the suspected individual, this applies
to the situation and the evidence that have shown, the court will issue a
warrant and think is fair to do so, the police will have full power to the
arrest.

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The police have the power to arrest a person under
reasonable suspicion that an offence has been or is about to be committed. They
have to make an arrest because it would create problems for the officer, as he
had to wait for a warrant while the crime is being committed however; arrest
without a warrant is a human violation right to freedom. Police criminal
evidence act of 1984 S24 pace is replaced by s110 of the serious organised came
and the police act 2003. This state an arrest can be made without a warrant.
Sometime arrest can be made without a warrant for the safety of the people and
the officer and the person himself. In this case, the joker was arrested
without a warrant.

The criminal justice and public order act 1994 and now s46a
of pace give the police the right to arrest anyone without a warrant if they
fail to attend to the police station.

The officer must have a good reason to make an arrest and
should provide evidence for the magistrates’ court but they can make an arrest
if a suspect is committing a crime without a warrant.

Necessity test:  

·        
The person is not giving the wrong name and
address to the officers

·        
Is to prevent the person in questions so they do
not cause any physical injury to himself or any other person or if there are
suffering physical injury. Causing of loss and does not damage any property,
causing an unlawful obstruction of the highway. Is to a child or other
vulnerable person form the question.

·        
To allow the prompt and effective investigation
of the offence of the person in question.

·        
To prevent any prosecution for the offence.

 

Reasonable grounds

The constable has reasonable ground to believe if a person
committing a crime or has committed a crime, is about to commit an offence. It
is important that they believe the arrest can be necessary. 

As previously s 24 arrest without warrant

(1)   
A constable may arrest without a warrant –

·        
Anyone is about to commit an offence

·        
Who is act on committing offence

·        
He as reasonable grounds of suspecting is about
to commit an offence

·        
He as reasonable grounds of suspecting to be
committing an offence

Reasonable suspicion It has been difficult should it be
considered as general understanding was that reasonable depends on the
individual officer, what they believe is for reasonable suspicion, it needed
clarification and in European court of human rights a sae O’Hara V U.K 2000 the
court decided that reasonable suspicion should be confirmed through a two-part
test.

1.      
Officers must have actual suspicion subject.

2.      
These must be reasonable grounds for those
suspicion objectives.

Code G

The police code of conduct contains different rights, which
are given to the arrest person. Code G comes from pace and says that a lawful
arrest requires.

1.      
A person involvement or suspected involvement or
attempted involvement.

2.      
Reasonable grounds for believing the person’s
arrest is necessary.

3.      
Arresting officers must inform the person
arrested that they have been arrested even where is obvious. In this case joker
was arrested without informing him and he does not know why is being arrested.

4.      
The power of arrest exits where the officer has
reasonable grounds to believe arrest is necessary.

Code G and pace together offer significant safeguards to the
individual during arrest, for example under s,117 paces which covers dealing
with reasonable force only, that the officer must use reasonable force. On this
case joker was not informed of his arrest and the officer grab him and drag him
to the van which is not reasonable force, as they should give a choice to the
joker wheatear he wants to be dragged to the van he could simply walk to the
van. The reasonable judgement as it depends on the surrounding circumstances,
the officer will do as much he can to keep him/her safe from hurting themselves
or anyone else around them.

S28 pace that even where is obvious, the detainee must be
told accessible language that are being arrested and the reasons why there are
being arrested for, as the officer cannot assume that the detainees knew.

Code C says that the detainee should be cautioned.

You do not say anything but is may harm your defence if you
do not mention, when you are being questioned by the officer you have the right
to remain silence. When you come to the court and then you say your story they
might not believe you as the judge would think you needed time think of an
excuse and lie in the court. If you tell, the truth to the officer, which might
be, used evidence against you in court, which is why when you are arrested the
officer cannot allow an opportunity to have time make up an excuse, whatever
the reason is you being arrested.

Citizen’s arrest

Serious organised crime and police act 2005 creates new s24a
in pace. Citizens are permitted to make an arrest but only for indictable
offence. This is with reasonable suspicion such as offence is being committed.
Put they should be aware of where they keep the criminal. The citizens are
allowed to hold a criminal, put to attack them, as they are not trained as the policer
is trained. They must be careful of criminal having a weapon on them. As public
safety, come first. You are not allowed to keep a suspect locked up in a room.
However, you can hold them until a police officer arrives.  

 

In this case the joker was not informed of his arrest and
arrested without a warrant and at the time he was not committing any crime or anyone
was in danger, at the scene joker was sitting down and reading a newspaper. The
officer should have got a warrant first before an arrest however if the joker
was committing a crime the officer would not need a warrant but joker was not
committing any crime. Stop and search, the joker was not search at all to check
if has any weapon on him to hurt himself or anyone else around him, which broke
the law, stop, and search. Under s58 that even, where it is obvious the
detainee must be told of his/her arrest. The joker was not informed of his
arrest he was taken. He was not told what his crime was and why he was being
arrested. Joker was dragged to the van; the joker was not trying to run away
from a police officer but he dragged to the van the officer should use
reasonable force under s117 of pace an officer should use reasonable force.

 Detention

After the search and all, there might be an arrest. The
police will have to take you away to the police station and out their search
and you will be questioned at the same time. The suspect must be taken as soon
as possible and to preserve the investigation.

There are reasons suspect to be taken to the police station.

·        
The police cannot take a risk that the arrestee
will voluntarily come to that station. What if he/she runs off? 

·        
There could be a chance of tampering with
evidence if the arrestee is allowed to go home.

·        
There could be a chance of intimidating
witnesses or arranging false alibis of the arrestee is let go.

·        
Taking the arrested to the police station is a
method of protecting the public.

There are strict rules and regulations to do with detention,
these cover the treatment of the suspect, and the length of time the suspect
can be kept at the station. These rules and others are found in code of
practice C.

Under s23 pace the arrest person must be brought to the
police station as soon as possible after the arrest. The suspect under s36 pace
must be bought to the custody officer. The custody officer will access the evidence
and ensure there is enough evidence to make an arrest. If there is not enough
evidence to charge. The custody officer uses s37 pace decides whether he/she
believes the officers needs more time gather more evidence. If this is the
case, grant the suspect bail under s38 pace. If any evidence found, the suspect
will need to go to the court the time given if not, there will arrest in place
without any question.

Time limits on detention.

The custody officers has the job of ensuring the detention
is lawful under the pace. He/she is not there to take sides and has the job of
being impartial and objective.

Under s40 pace the custody must review after 6 hours and
every nines after you bail. He/she does this speaking to the arresting officers
and obtaining a progress of their case. The officers must be seen as being
active a possible for the detention to continues.

S41 of pace allowed detention of a suspect of without
charges to be up to 24 hours, as this could be increased up to 36hours under
s42 criminal justice act 2003. The detention time can be increased if the
custody policer allows it as the police officer shown enough evidence that
he/she needs more time. The maximum time for detention without a charge is 96 hours
but it can only prove by magistrate approval. If the policer could not provide
any evidence, the suspect can be released from the jail. Most likely, they
would keep you up to 36 hours but extreme measures like rape or murder they
would keep you up to 96hours.  

Right to inform someone.

S56 of pace states the detained can nominate someone that
will take an interest in their in their welfare. The person must be told of the
arrest and where the detention is happening. Under s56, you have the right to
inform someone of your arrest so they know where you are and not being
kidnapped. However, this right can delayed by a senior officer for 36 with a
reasonable ground to believe that the evidence or investigation will be
interfered with. Sometimes informing someone can be delayed because if someone
is inform they can get rid of the evidence which is why someone times it can be
delayed by the senior officers.

S58 of pace sates that the detained must be informed of
their right to legal advice. Either their own or provide free of charge. The detained
must be told orally about this right but also have a document that states this
too. Senior officers can delay this for 36hours if he reasonably believe this
will harm of interfere with investigation.

This right can be delayed but usually very rarely and must
have good reasons to do so. The rights can be revoked where the police believe
that informing others of the detention could hinder the investigation. The
reason this is because it could evidence and investigation can be tempered
with.

Other rights

S60 of pace the interview must be videoed or taped and
police should keep this recording as a record. This is important, as this would
show proof of evidence. They would hear from the suspect him/her self. To show
what they have said.

S57 of pace vulnerable suspect (under 17, mental disorder
and disability) should have an appropriate adult with them during questioning,
in order to make them feel confident or the adult can answer for him/her of the
police officer does not understand.

Intimate searches and sample

S55 of pace covers the intimate search of a detainee. With
the authority of an inspector of higher, the police have the power to conduct
an intimate research on a person in custody. This means stripping the suspect
down and making the search. Obviously, the police have a responsibility to make
this search as respectful as possible and private. Is to check if a suspect is
hiding any evidence from the officer. If a suspect has a strong smell or a
weapon, they hiding the police will have to do a high search, which means
taking him/her to a police station where they will carry out a search in a
private room with same gender. This search can be used where the police
reasonable believe the suspect has something that can cause harm to him or
others in either custody or court. The search can also be extended to search
for class A drugs this search would be carried out by medical professional or a
quailed nurse.

There are further searches

Intimate search for blood, saliva and semen can be taken
from the suspect. Under s62 of pace. This because the they would want to know
if your involved or witness to a crime scene. Non-intimate samples like hair
and nail clipping can be taken with the permission of an inspector or above.
Under s63 of pace. They are allowed to take sample of your hair and nail in
order to see if you are involved or witness to a crime scene. DNA information
can be taken and placed on the police data based indefinitely. Under s64 of
pace, after the bail all of the DNA data should be deleted and only keep those
who convicted should be kept. Police can also take fingerprints from a suspect
under s61 of pace. In order to match the suspect hand that have been holding a
weapon or touched something that would proof there were at the crime scene or
witness a crime scene. Impressions of footwear can be taken from the suspect
under s61 of pace.

Other rights

Under s60 of pace the interview should be videoed or taped.
The recording should be kept with the police as record and proof of what the
suspect has said. As they would know what they have said and do not lie about
what they have said.

Under s57 of pace venerable suspect under the age of 17,
mental disorder and disability should have an appropriate adult with them
during questioning, they would do that to make them feel comfortable the adult
would answer for them if they do not understand what the suspect have
said. 

The joker was straight taken to cell instead to a custody
officer, under s36 suspect must be first bought to the custody officer, the
police station who will then asses the evidence and ensure there is enough evidence
to make an arrest. If there was enough evidence the joker would be kept in the
cell for 24 hours until the officer have provided any evidence to put joker in
prison for the rest of his life. The joker was not checked in but straight
taken to a cell.

  The officer declined
to joker have a legal advice. Under s56 of pace states, the detained can
nominate that will take an interest in their welfare. Under s58 of pace states
that the detainee must be informed of their right to legal advice. Either their
own or provided free of charge but joker was not informed of the right to legal
advice but he was refused to have any legal advice. Right to legal advice can
be delayed if the senior officer say so, but it can only be delayed for 36hours
only. Joker was denied any legal advice, without senior officer of
approving. 

The Joker has not been arrested by using the law and
therefore The Police has not worked alongside the laws, the acts and have
broken all laws, which makes The Police make themselves look very
irresponsible. Overall I think The Police should use the laws correctly before
making an arrest, follow all steps to make sure that there are no problems and
lastly try and have enough evidence when making an arrest so when it comes to
interrogating. The Police can make sure that at the end of this process the
suspect arrested is the right person.

x

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