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Pace- What Is Pace and How Is It Used

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Submitted By ryaanomalley10
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Pages 2
Ryan O’Malley- Law homework.

1. Under which section of PACE is the main power of arrest to be found?
The main stop and search powers to which this code applies are set to tackle suspicions individuals without exercising their power of arrest. Officers may stop and search individuals authorised under section 44 of the Terrorism Act 2000.
2. Which 2005 Act of Parliament amended police powers of arrest?
The Serious Organized Crime and Police Act 2005
3.
4. When can the police arrest a person?
In some cases a person can only be arrested by a police officer with a warrant; in others she/he can be arrested without a warrant and not only by a police officer but by a private citizen.

5. What, according to s.117, can police use in order to carry out an arrest?
Under Section 117 Police and Criminal Evidence Act 1984 (PACE), the police are empowered to use ‘reasonable force’ if necessary when exercising the powers conferred to them under that act.

6. What are police entitled to search an arrestee for?
The police can stop anyone in a public place and ask you to account for yourself. For example, you could be asked to account for your actions, behavior, presence in an area or possession of anything. When the police stop you and ask you for an explanation, you don't need to provide your personal details.

7. What common law power of arrest has been preserved in s.26 PACE?
Breach of the peace.

8. What power of arrest is associated with bail?
A person accused of a bailable offence e.g. cheating forgery or defamation is entitled by law to appear or be brought to court and released on bail when he is arrested or detained without a warrant by a police officer.

9. What can police do under s.8 Magistrates’ Court Act?
The police can get a warrant for cases such as robbery, rape and manslaughter.

10. What can police do under s.41 Terrorism Act 2000?
Section 41 of the Act provided the police with the power to arrest and detain a person without charge for up to 48 hours if they were suspected of being a terrorist.

11. Which Act of Parliament allows the police to arrest for aggravated trespass?
Town Police Clauses Act 1847

12. Under SOCPA and Code G, the police should only arrest a person where it is ‘necessary’ by reference to nine necessity tests. Describe any three of the nine necessity tests.
-child
-property
-damage to themselves or others.

13. What should an arrestee be told upon being arrested?
A police officer must produce their station, number and reason for arrest.

14. What should an arrestee be told upon being arrested?
The reason for arrest.

15. What must a plain clothes officer also provide when arresting a person?
They must provide valid identification.