ABSTRACT

Suspects stopped in the street are not legally obliged to help police with enquiries. Note the distinction between Kenlin v Gardiner (1967) and Donnelly v Jackman (1970). Note also that a person may be arrested for being silent or misleading under s 25 if the officer has reasonable doubts about the suspect’s name and address, or whether the summons procedure can be used at the address given. Note the newly enlarged powers of stop and search under s 60.

Procedure on arrest involves the arrestor having to inform the suspect of the grounds for arrest (s 28 (3)). Note, though, that an arrest becomes lawful from when the information is given. The extent of the required information to the suspect is important (see Geldberg v Miller (1961); R v Telfer (1976)).