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![General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section](https://images.tandf.co.uk/common/jackets/crclarge/978185941/9781859415535.jpg)
Chapter
General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section
DOI link for General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section
General powers of arrest In Spicer v Holt [1977] AC 987, Lord Dilhorne stated: 'Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases.' So a person who is detained by the police against his will is arrested. Whether this arrest is lawful will depend on whether the conditions for a lawful arrest have been satisfied. If the arrest is not lawful there is the right to use reasonable force to resist it. This is a remedy, however, of doubtful advisability as the legality of the arrest will only properly be tested after the event in a law court. Lawful arrests are those: under warrant; without warrant at common law; or without warrant under legislation. Arrest under warrant The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (Magistrates' Courts Act 1980, s 1). The Criminal Justice Act 1967 provides that warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. Common arrests The only power to arrest at common law is where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended. Arrest under legislation The right to arrest is generally governed by s 24 of PACE (as amended by s of the Criminal Justice and Public Order Act (CJPO) 1994). PACE 1984 Section
ABSTRACT
Section 24 (1) The powers of summary arrest conferred by the following subsections
shall apply-(a) to offences for which the sentence is fixed by law; (b) to offences for which a person of 21 years of age or over (not previously
convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates' Courts Act 1980); and
(c) to the offences to which subsection (2) below applies, and in this Act'arrestable offence' means any such offence.