English Legal Process

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Failure to comply with Section 24 of PACE and the Code of Practice will render an arrest unlawful.2 Together the Code of Practice and Section 24 of PACE inform that two elements must be present otherwise an arrest is unlawful. First the person arrested must be involved or suspected to have been involved in or attempted to be involved in committing a criminal offence. Secondly, there must be reasonable grounds that arrest is necessary. Section 24(5) of PACE sets forth a number of grounds upon which an arrest is necessary to prevent the person under arrest absconding.3 As soon as Ray was approached by the officers and informed that he was under arrest he attempted to escape and therefore whether or not the police had reasonable grounds to believe that Ray’s arrest was necessary when they initially attempted to arrest him, they had reasonable grounds to believe that his arrest was necessary the moment he attempted to escape. …
ect a lawful arrest.7 Ray attempted to escape the police upon learning that he was under arrest and the police merely wrestled him to the ground and in doing so used only the force that was necessary to carry out the arrest. The only questionable act on the part of the police is whether or not the police properly informed Ray of the reasons for his arrest. Section 28 (3) of PACE instructs that an arrest is unlawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.8 Obviously, it was impractical to inform Ray of the reasons for his arrest when he attempted to escape, but he could have been informed at any time after he was placed in handcuffs. However, the police did not inform Ray of the reasons for his arrest despite several opportunities to do so. He was in the police car win an officer while the police stopped at an unrelated crime scene. This raises the question of whether or not the police complied with their duty to take the detainee to the police station as soon as practical after the arrest.9 The stop was brief however, and given police duties to protect the public, it may be concluded that the stop was not an unnecessary intrusion and thus may not compromise Section 30 which requires the detainee be taken to the police station as soon as practical after the arrest. Although the detainee may not be questioned until after he has been cautioned, and after he is at the police station, Ray offered information while waiting in the car at the police stop. He had been cautioned and had volunteered the information and the police officer receiving the information did not encourage Ray and did not engage in discussions about it. Thus the police did not act improperly. Police are required