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Case Studies on Lawful Arrest
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- Words:
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- Submitted:
- Mon Aug 17 2009
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... Course W100: eTMA 4: David. Using 'common sense rules', 'concealing a handbag matching the description of the stolen handbag', represents suspicious behaviour which should be explained. However the advice as to whether the need to explain can be avoided because of unlawful arrest must be given relative to analysis of specific legal rules. Those rules are contained in the Police and Criminal Evidence Act 1984, as amended by the Serious Organised Crime and Police Act 2005 (hereinafter 'PACE'). Specifically, arrest without a warrant (a summary arrest) by a constable is governed by s.24 of PACE. S.24(3)(b) provides that "where an offence has been committed, a constable may arrest without a warrant ... anyone whom he has reasonable grounds for suspecting to be guilty of it." PC Patel reasonably believed he knew that an offence had been committed (from his radio call). Absent the radio call, PC Patel may well still have had 'reasonable
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