ABSTRACT

It should be noted that the grounds for making an arrest as communicated to the suspect must constitute the correct reasons. If not, then the arrest is unlawful and a third party would also be legally entitled to intervene to prevent the arrest. This was confirmed in Edwards v DPP (1993), where Evans LJ stated:

Apart from the ethical implications of giving reasons for depriving a person of their liberty, there are also practical reasons for this course of action. An arrested suspect may be able to provide an explanation which could have the effect of reducing the charges against him or her (see R v Fennelley (1989), discussed on p 80, below).