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article 5 and 8 summary
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summery of alevel law article 5 and article 8
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Human rights- article 5Article 5.1 (c) and 5.2
PACE 1984 was introduced to 5.1- No one shall be deprived of his liberty save in the Section 24 PACE
provide specific rules for the following cases and in accordance with a procedure a police officer to
police when dealing with prescribed by law person without a
stopping, arresting, detaining 5.1 (c) - The lawful arrest or detention of a person where he or she
and questioning suspects effected for the purpose of bringing him before the an offence or is a
If a police officer fails to follow competent legal authority on reasonable suspicion of commit an offen
the Codes of Practice there will having committed an offence or when it is reasonably offence has been
not be action against the considered necessary to prevent his committing an the officer can ar
police, instead the evidence offence or fleeing after having done who they have r
obtained in breach will be 5.2 - Everyone who is arrested shall be informed grounds for susp
Arrest- S28 PACE 84 –
inadmissible at trial. promptly, in a language which he understands, of the guilty of the offe
requirements for a valid arrest S1 and S2 of
reasons forPACE
his 1984-
arrestA and
policeofofficer
any may search
charge any person
against him.or
1. Told the reasons vehicle and detain the person or vehicle for the purposes of the Hayes v chief con
2. Cautioned search. Merseyside polic
3. Told their rights The search can only be carried out to look for certain items. The out a 2-stage tes
4. Access to a sollicitor officer can only stop and search a person if they have reasonable 1) The officer b
If the police want to arrest grounds for suspecting they will find the items. arrest is nec
someone, they must apply to This is an objective test. because the
a magistrate for a warrant to person was g
authorise an arrest. They must Section 28 PACE 1984 provides that the arrested 2) Did the offic
provide reasons for the arrest. person must be informed that they are under arrest reasonable p
The warrant can also permit and of the grounds for the arrest ASAP suspicion?
the police to enter and search It is not necessary to use the words under arrest
the premises. The amount of detail the person must be told depends
on each case
, Human rights- article
5
Informing the arrested person- The police are entitled to arrest a person where there is a breach
under this offence. The arresting officer has to identify what the
Murphy v oxford- the person was told he was peace is.
being arrested on suspicion of a burglary but a
there was no mention made of a date, or that it A breach of the peace was defined in R v Howell (1981) as being
was a burglary of a hotel, the arrest was that harms a person or his or her property, which is likely to cause
unlawful. which puts someone in fear of such harm being done. This does n
unlawful but must give rise to a fear of violence.
Moses Adler u Crown Prosecution Service
(2013)- This power of arrest was challenged in the ‘kettling’ case of Austi
An off-duty, plain-clothed police officer had not commissioner of the police of the metropolis- the claimants claim
used the words I am arresting you when falsely imprisoned and there was a breach of article 5. HofL held t
arresting a person. However, there was taken (by the police) must be taken in good faith and proportiona
sufficient evidence that a lawful arrest had been situation which made the measures necessary.
made as the officer had explained that he was a
R v commissioner of police for the metropolis-
police officer and was detaining the person
Four people were arrested on the day of the
because he had seen him smash a car window.
wedding of the Duke and Duchess of
Cambridge. They were arrested in separate
incidents at various places in central London on
the grounds that their arrest was reasonably
believed to be necessary to prevent an
imminent breach of the peace.
They were all released without charge once the
wedding was over, and the police considered
the risk of a breach of the peace had been
passed. Their period of custody ranged from
two-and-a-half hours to five-and-a-half hours.
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