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i pare slow na temat powers of arrest
Sections 110, 111 and Schedule 7 to the Serious Organised Crime and Police Act 2005 have completely reshaped the basis of arrest powers both for the police and ordinary citizens. An overview of the new arrest regime is as follows:
The Previous Arrest Framework
Prior to section 110 of the Serious Organised Crime and Police Act 2005 coming into force, police arrest powers (and those relating to ordinary citizens) were based largely on the concept of arrestable (and serious arrestable) offences under section 24 and Schedule 1A of PACE. The police also had powers of arrest under section 25 of PACE known as ‘general arrest conditions’. This enabled them to make an arrest for virtually any offence if certain conditions were present. A number of police powers of arrest also stemmed from other statutes such as the Public Order Act 1986, the Criminal Justice and Public Order Act 1994 and the Criminal Justice and Police Act 2001, to name but a few. In addition to statutory powers of arrest, there was (and still is), the common law power to arrest in order to prevent or deal with a breach of the peace. As far as ordinary citizens were concerned, they too could, and may still, rely on this common law power as well as the police. Ordinary citizens were also able to make a citizens’ arrest if an offence was categorised as arrestable under PACE, but under more restricted circumstances than the police. Also, there were a few statutes that conferred a power of arrest on ‘any person’, which applied to both the police and ordinary citizens.
The definition of arrestable offences under section 24 and Schedule 1A of PACE was very complex. First, any offence for which the sentence was fixed by law was classed as an arrestable offence (in practice this now only applies to murder). Secondly, any offence that could bring a term of imprisonment for 5 years or more was also automatically arrestable. Thirdly, there were a large number of offences listed under Schedule 1A of PACE which were also arrestable, even though they fell short of the 5 year imprisonment criteria. In addition to arrestable offences, there were also a number of serious arrestable offences that were defined under section 116 and Schedule 5 of PACE. These included some of the most serious crimes such as manslaughter, robbery, hostage-taking, torture, drug trafficking, and *censored**censored**censored**censored*, as well as a host of other serious sexual offences.
The New Arrest Framework Under SOCAP
The Serious Organised Crime and Police Act 2005 (SOCAP) has, among other things, made very significant changes to the structure of other police powers. As will be mentioned later under Chapter 4, entry and search powers in relation to premises are among those affected by SOCAP, as well as powers of arrest. The earlier concept of arrestable (and serious arrestable) offences under PACE, that was used as the main criteria in the exercise of many police powers, has now been abolished by SOCAP. The new criteria is now almost entirely based on whether an offence is indictable. This legal term could be misunderstood as some may interpret it as meaning offences that are triable only on indictment. These offences are among the most serious crimes that can only be tried before a jury in the Crown Court. However, the term ‘indictment’ within the context of SOCAP not only means these most serious offences but it also includes offences that may be tried on indictment in the Crown Court. This refers to crimes that are triable either way, meaning that they may be tried either summarily before magistrates’ courts or on indictment in the Crown Court. The term indictable offence therefore means any of these categories of offences.
SOCAP has also restructured section 24 of PACE and created a more streamlined basis under which the police may make arrests. It has also repealed nearly all the other statutory sources of police powers of arrest, although the common law power to arrest to prevent or deal with a breach of the peace has been preserved. Under the new section 24, the police may make an arrest for any offence provided certain conditions exist (see below). With regard to ordinary citizens, a new section 24A has been inserted under PACE. This enables a citizen’s arrest to be made provided the offence is indictable, as well as other conditions that have to be met (also see below).
It may be interesting to compare these provisions under the Serious Organised Crime and Police Act 2005, to those reproduced in Chapter 9. Among other things, the SOCAP Bill included the intention to abolish any common law power of arrest without warrant. Had this been enacted, it would have removed the common law power to prevent or deal with a breach of the peace from both the police and ordinary citizens. Also, the proposed s.24A of PACE under the Bill would have given non-police officers much greater powers of arrest by enabling them to arrest for any offence, although subject to certain conditions. The 2005 Act has limited this power to indictable offences which significantly reduced the scope for making a citizen’s arrest compared to the original proposals.
* The term ‘indictable offence’ means an offence which is triable only
on indictment or an offence which may be tried on indictment (in other
words triable either way).
Triable only on Indictment
Murder, manslaughter, robbery, assault with intent to rob, *censored**censored**censored**censored*, kidnapping, riot, blackmail, hostage-taking, aggravated burglary, wounding or causing grievous bodily harm with intent, administering poison, aggravated criminal damage, aggravated arson, possession of firearm with intent to endanger life or injure property, possession of firearm or imitation firearm with intent to cause fear of violence, use of firearm or imitation firearm to resist arrest, carrying firearm or imitation firearm with intent to commit indictable offence, causing explosion likely to endanger life or property, causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs, perjury in a judicial proceeding, perverting the course of justice.
Triable either way
Theft, violent disorder, affray, fear or provocation of violence when racially aggravated, intentionally causing harassment, alarm or distress when racially or religiously aggravated, assault with intent to resist or prevent arrest, dangerous driving, assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, handling stolen goods, making off without payment, false accounting, forgery, obtaining property by deception, obtaining services by deception, burglary (most forms), going equipped for stealing, money laundering offences, simple criminal damage, simple arson, possession of an article with intent to destroy or damage property, and the vast majority of drug offences (this includes their unlawful possession, supply, possession with intent to supply, and manufacture, as well as cultivating the cannabis plant, and allowing certain drug activities on premises).
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