>> I would say arrest was not unreasonable particularly if she continued to be truculent when
>> challenged.
>>
PACE establishes a range of specific conditions that would make an arrest necessary.
Summary:
To ascertain a person’s name or address. This would be considered an arrest necessity if the police had reason to believe they were being given false information.
Well they knew who she was and where she lived.
To prevent physical harm. This includes harm to the person being arrested, whether from others or from themselves.
Not applicable here.
To prevent loss of or damage to property. This would particularly apply if the individual has a history of theft or criminal damage, for instance.
Not applicable here as they recovered the items.
To prevent an offence against public decency. This only applies if members of the public are going about their business nearby and cannot reasonably avoid the individual.
Not applicable here.
If there is an unlawful obstruction to the highway. In this case, there should be some indication that the obstruction will continue or be repeated without an arrest.
Not applicable here.
To protect a child or a vulnerable person. This includes both the physical and mental wellbeing of the person.
Not applicable here.
To prevent the investigation of an offence or the prosecution of the suspect being hindered. For instance, if there was reason to believe the individual would not attend court following a summons, this would suggest an arrest necessity.
Not applicable here.
According to PACE, even in these cases police must consider other practical alternatives to arrest. Only in the absence of such alternatives is arrest justifiable.
Last edited by: zippy on Sat 12 Apr 25 at 12:32
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