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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll