header-logo header-logo

10 February 2021 / Neil Parpworth
Issue: 7920 / Categories: Features , Public , Criminal
printer mail-detail

(Re)setting the PACE

38899
Neil Parpworth reports on the necessity test for an arrest
  • Reform to the Police and Criminal Evidence Act 1984.
  • Two recent decisions to add to the body of case law on PACE 1984.
  • Judges to reflect ‘long and hard’ when deciding whether an impugned arrest was lawful?

Although s 24 of the Police and Criminal Evidence Act 1984 (PACE 1984) remains the key statutory provision in relation to police powers of arrest, it underwent considerable change as a consequence of reforms made by the Serious Organised Crime and Police Act 2005. Chief among these was the introduction of a necessity requirement. In other words, the power of arrest in respect of a crime which either has been, is being or is about to be committed (or where the arresting officer has reasonable grounds for suspecting that any of these stages has been reached), may only be exercised where the officer ‘has reasonable grounds for believing that for any of the reasons mentioned … it is necessary to arrest the person in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll