This chapter talks about the breach of the peace, wherein harm is done to a person or to a person's property in their presence. It points out that mere agitation or excitement does not amount to a breach of the peace where there is no question of harm or threat of harm. It also explains that a breach of the peace is not in itself a criminal offence, but it can result in an arrest without warrant being lawfully made. The chapter details the power of a police officer to arrest without a warrant or to take other reasonable preventive steps when a breach of the peace occurs or is about to occur. It cites ‘kettling’ as an example of the exercise of power on reasonably apprehending imminent breach of the peace, wherein people are contained within a police cordon during a violent demonstration.
Chapter
Preserving the Peace
Chapter
In Card and English on Police Law
Richard Card
Publication History:
- Published in print:
- 14 July 2022
- Published online:
- 23 August 2023
Chapter
Arrest: Part III
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter highlights Part III of the Police and Criminal Evidence Act (PACE) 1984, which outlines powers and duties in relation to arrest. It discusses arrest without warrant by constables and other persons, information to be given on arrest, and powers and procedures with respect to persons arrested elsewhere than at a police station. It also reviews provisions on the bail of persons arrested elsewhere than at a police station and the arrest of persons at police stations, attending voluntarily or by arrest for further offence. The chapter explores the power and duty of the search of persons and search and entry of premises upon arrest at a place other than a police station. It mentions the Serious Organised Crime and Police Act 2005 (SOCPA), which splits the general power of arrest into two sections: arrests effected by constables and arrests effected by other persons.
Chapter
Detention: Part IV
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter describes Sections 34 to 51, which make up Part IV of the Police and Criminal Evidence Act (PACE) 1984. Part IV sets out the conditions under which a person can be held in police detention and when they must be released, the role and responsibilities of the custody officer, and a timetable within which decisions relating to detention and charge must be made. It also talks about a person in police detention for the purposes of PACE if taken to a police station following arrest or is arrested at the police station. The chapter examines how a person is to be treated as under arrest for an offence where they return to a police station to answer bail. It cites Section 34(1), which specifies that a person arrested for an offence will not be kept in police detention except in accordance with the provisions of PACE.
Chapter
Treatment: Part V
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter analyzes Part V of the Police and Criminal Evidence Act (PACE) 1984, which encompasses disparate but important provisions relating to the rights and treatment of detainees, interviews, and identification. It highlights Sections 53 to 55 of Part V that provide for the detainee to be searched to ascertain what items the person searched is in possession of and to assist in identifying the detained person. It also covers Sections 61 to 64 that provide the police with power to take fingerprints, impressions of footwear, intimate and other samples, photographs, and to test the detainee for the presence of Class A drugs. The chapter talks about giving rights to the detainee, notably the right to have someone informed of their arrest. It points out that sections of Part V that deal with detainees' rights and treatment are expanded in Code C of the Codes of Practice.
Chapter
Arrest and Detention
Chapter
In Blackstone's Counter-Terrorism Handbook
Christiane Rabenstein and Marnie Ratcliffe
Edited by Clive Walker
Publication History:
- Published in print:
- 19 November 2019
- Published online:
- 23 August 2023
This chapter examines specific provisions for the arrest and detention of terrorist suspects, which exist to ensure the particular risks associated with those persons can be dealt with appropriately. It highlights Section 41 of and Schedule 8 to the Terrorism Act 2000 (TACT) which contains provisions for the arrest and detention of suspected terrorists. It also cites the Police and Criminal Evidence (PACE) Act 1984 Code of Practice H that covers the detention, treatment, and questioning by police officers of persons arrested under section 41 of TACT. The chapter explains that Section 41 of TACT creates a power to arrest those suspected to be terrorists, eliminating the need to satisfy the usual necessity test, although a police officer must have reasonable suspicion that the person is a terrorist. It emphasizes that a constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
Chapter
Use of Force
Chapter
In How People Judge Policing
P.A.J. Waddington, Kate Williams, Martin Wright, and Tim Newburn
Publication History:
- Published in print:
- 23 February 2017
- Published online:
- 23 August 2023
This chapter addresses the questions that arises when suspects resist arrest, such as whether it is reasonable, in the minds of ordinary people, for the police to struggle with a suspect or force them to the ground or apply handcuffs. It confirms whether it matters how many officers are involved in making an arrest and what amounts to excessive use of force in such circumstances. It also analyzes how the public view the exercise of power on the use of force by officers making more routine arrests in the course of their duties. The chapter analyzes how an application of a particular measure of force in one situation may be considered reasonable, but not when applied in another, which tends to achieve prominence in circumstances where either the police use novel or potentially very injurious tactics or equipment. It reviews video clips that involved officers using some measure of force.
Chapter
Dealing with Property and Searching
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter looks into how custody officers deal with property and searching in correlation with the provisions of the Police and Criminal Evidence Act (PACE) 1984 and the Codes of Practice. Custody officers need to be aware of the requirement to record property belonging to detainees and the power to seize property when the need arises. Under the Human Rights Act 1998, the police must rationalize their actions and show that it was necessary, proportional, and legal to search, remove or retain a detained person's property. The chapter explains the careful consideration given to the intrusive nature of an intimate search. It mentions the responsibility of custody offers to ascertain a detainee's properties under several factors such as their arrest or illegal acquisition.
Chapter
Rail/Channel Tunnel
Chapter
In Blackstone's Handbook of Ports and Border Security
Police National Legal Database (PNLD) and Andrew Staniforth
Edited by Clive Walker and Stuart Osborne QPM
Publication History:
- Published in print:
- 14 February 2013
- Published online:
- 23 August 2023
This chapter assesses the Channel Tunnel (Security) Order 1994, which lays down regulations to protect the Channel Tunnel, Channel Tunnel trains, and the passengers and freight carried. It includes offences relating to hijacking, seizing control, destroying, and threats. Article 10 provides details of where and against whom acts of violence can be committed in relation to Channel Tunnel Trains and the tunnel system for the purposes of Part III of this Order. The chapter then looks at Channel Tunnel police powers. Schedule 3 to the Channel Tunnel (International Arrangements) Order 1993 provides powers to police officers to assist French authorities, to arrest outside of the United Kingdom, and guidance to manage arrested persons held in the United Kingdom and arrested persons held in France.
Chapter
Managing Suspects
Chapter
In Blackstone's Crime Investigators' Handbook
Steve Hibbitt and Gary Shaw
Publication History:
- Published in print:
- 17 February 2023
- Published online:
- 23 August 2023
This chapter describes the management of suspects, which requires management of risk and community impact and exploitation of evidence-gathering opportunities available, from arrest and forensic recovery through to detention management and interviewing. The term ‘suspect’ implies there are reasonable grounds to suspect a person's involvement in an offence. It affords them protection and rights under the Police and Criminal Evidence Act 1984 (PACE), including legal advice and being cautioned before questioning. The investigative interviewing of a suspect is a vitally important part of the process in any criminal investigation. The interview allows the suspect to establish their position in relation to the investigation, the investigator to develop further lines of enquiry, and provides an opportunity to present the gathered investigative material to the suspect. In those circumstances where a guilty person admits their involvement, it enables the investigator to probe for the required detail that allows the correct means of case disposal to be taken.
Chapter
Introduction
Chapter
In Blackstone’s Police Operational Handbook
Paul Ozin
Publication History:
- Published in print:
- 10 November 2022
- Published online:
- 23 August 2023
This introductory chapter provides an overview of the power and procedures of police operations. It details the sections and articles within the Police and Criminal Evidence Act 1984 (PACE). If a police officer uses force, the action must be justified and reasonable and based on lawful authority since it would become a notion of assault and be deemed unlawful. Statute, common law, and human rights set out the circumstances in which the use of force will be lawful, however, each case will have its peculiar facts. The chapter explores police operations that range between stop and search, arrest, seizure powers, and search warrants.
Chapter
Suspect Management
Chapter
In Blackstone’s Senior Investigating Officers’ Handbook
Tony Cook
Publication History:
- Published in print:
- 14 February 2023
- Published online:
- 23 August 2023
This chapter highlights significant tactical elements of suspect management. It begins with suspect identification. Suspects can be identified through a variety of methods, such as being found in the act of committing a crime, witness/victim interviews, forensic evidence, passive data collection, admissions, information and intelligence, analytical work, proactive overt or covert work, financial investigation, or just simple, prompt actions taken at or near a crime scene. The Senior Investigating Officer (SIO) may need to produce a strategy that outlines various methods in which suspects can be identified. The chapter then looks at the issues surrounding a decision to declare ‘suspect’ status, the making and timing of arrests, detention and interviews, recovering forensic evidence, charging, and bail, including some practical points on ways to conduct effective and proactive suspect hunts.
Chapter
Powers to Stop and Search: Part I
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter focuses on Part I of the Police and Criminal Evidence Act (PACE) 1984, which provides the police with powers to stop and search persons and vehicles for stolen or prohibited articles without first exercising their powers of arrest. It explains how PACE safeguards those who have been detained for the purposes of a search and imposes duties upon the searching officer. It also suggests that Part I must be read in conjunction with Code A, which expands and explains the main provisions. The chapter cites paragraphs 2.2–2.11 of Code A that make clear what constitutes reasonable grounds for suspicion, emphasizing the objective quality of the factors that can give rise to reasonable grounds for suspicion. It looks at Paragraph 1.1 that stipulates that the powers must be used fairly and responsibly with respect for people being searched and without unlawful discrimination.
Chapter
Initial Investigation, Arrest, Detention, and Disposal
Chapter
In Blackstone’s Handbook for Policing Students
Edited by Dominic Wood, Sarah Bradshaw, Tara Dickens, Julian Parker-McLeod, Francis Simpson, and Graham Weaver
Publication History:
- Published in print:
- 10 April 2022
- Published online:
- 23 August 2023
This chapter looks into the law surrounding detention and arrest, and collecting evidence. Police officers are required to know the law and how to apply it in relation to detaining a person, carrying out an arrest, and taking a suspect into custody. Moreover, the exercise of powers should be consistent with the Human Rights Act 1998 and the provisions of the Police and Criminal Evidence (PACE) Act 1984, and the associated Codes of Practice. The chapter explains that risk assessments must also be made when a person is detained, especially when there is a risk of self-harm. It cites the process of identification of suspects by witnesses.
Chapter
Terrorism
Chapter
In Blackstone's Handbook of Ports and Border Security
Police National Legal Database (PNLD) and Andrew Staniforth
Edited by Clive Walker and Stuart Osborne QPM
Publication History:
- Published in print:
- 14 February 2013
- Published online:
- 23 August 2023
This chapter explores counter-terrorism legislation, which provides additional powers for immigration, customs, and police officers. Some of these powers apply to examining officers (i.e. constables, immigration, and designated customs officers), for example powers to stop, question, and detain under Schedule 7 to the Terrorism Act 2000. Others may only be used by police officers, e.g. the power of arrest in section 41 of the Terrorism Act 2000. Section 1 of the Terrorism Act 2000 is central to the current counter-terrorism legislation because it defines the term ‘terrorism’. Meanwhile, section 53 of and Schedule 7 to the Terrorism Act 2000 provide powers for the control of ports, i.e. airports and seaports. Finally, section 1 of and Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 provide for the forfeiture of terrorist cash.
Chapter
Initial Stages of an Investigation
Chapter
In Blackstone's Crime Investigators' Handbook
Steve Hibbitt and Gary Shaw
Publication History:
- Published in print:
- 17 February 2023
- Published online:
- 23 August 2023
This chapter details the initial stages of a criminal investigation, which begins after the discovery of the crime. The first contact could be a report to a call handling unit, a public enquiry desk, or reports to officers or other staff or agencies. Many crimes can be quickly detected through prompt and decisive resourcing and dispatch for locating and arresting offenders, obtaining witnesses, seizing CCTV footage, finding and preserving forensic evidence, etc. Initial assessments by attending officers with updates reported back to communications and control rooms should confirm the initial grading or revise the response in terms of seriousness, priority, and resources. This period is often referred to as the ‘golden hour’ (or hours). A key point for investigators, no matter what the seriousness of the crime is, is the importance of establishing exactly what has already been done, by whom, and to what level and standard.
