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Powers of Arrest Questions With Complete Solutions

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Powers of Arrest Questions With Complete Solutions What are the Necessities for arrest? (COP PLAN ID) · Child or vulnerable person. protection · Obstruction (prevent unlawful obstruction of the highway). · Public decency (where public cannot reasonably avoid). · Prevent injury (to thems...

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  • November 13, 2024
  • 5
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Police Powers
  • Police Powers
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UpperClass
Powers of Arrest Questions With Complete
Solutions

What are the Necessities for arrest? (COP PLAN ID) · Child or vulnerable person.

protection

· Obstruction (prevent unlawful obstruction of the highway).

· Public decency (where public cannot reasonably avoid).

· Prevent injury (to themselves or another).

· Loss or damage to property.

· Address cannot be ascertained.

· Name cannot be ascertained.

· Investigation - prompt and effective investigation.

· Disappearance of the person.




When is a Necessity not required? · S46A - Don't answer police bail.


· Bail Act - 1976, s7(3).

· Children and Young Persons Act 1969, s32 (1)A unlawfully at large

· Immigration Act 1971, sch.2

· Mental Health Act 1983, s.136

· Prison Act 1952, s.49

, Powers of Arrest Questions With Complete
Solutions
· Road Traffic Act 1988, s.6D. Positive breath sample.

· Common Law. (Breach of peace).




Necessity: What does Prompt & Effective include? · Would refuse interview/Fail to

appear.

· Bail conditions.

· False Statements.

· Special Warnings.

· Taking samples.

· Colluding with others.

· Searching.

· Mandating a drug test.




Arrest: What does case law say? · Arrest begins when person informed.


· Or when officer actions suggest it has begun.

· Must point to legal authority that allows it, or it is assault.

· If info appears reliable it can be used as GtS.

· Officers cannot arrest solely through orders.

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