“Article 5 and Pace S24 and S28 Balance Rights Against Other Compelling Social Objectives.”

Topics: Arrest, Human rights, Crime Pages: 2 (839 words) Published: June 10, 2012
What is a lawful arrest?
Section 24 of PACE sets out the grounds and authority police officers are entitled to in order to make an arrest. These powers were amended in 2005 by the Serious Organised Crime and Police Act 2005 (SOCPA). As a result a new section was added to section 24 therefore enabling the police to arrest anyone who; a.is about to commit a offence;

b.anyone who is in the act of committing an offence;
c.anyone who he has reasonable grounds for suspecting to be about to commit a offence; d.anyone who he has reasonable grounds for suspecting to be committing an offence. This section gives police the authority to pretty much arrest anyone for anything provided they abide by the above statements. Also if an offence has been committed an arrest without a warrant is permitted. Section 24 of PACE can be compared or linked to Article 5(1) c. As section 24 is to do with arrest it is important that everyone has the right to liberty.

Are we entitled to liberty?
According to Article 5 of the European Convention on Human Rights, we are “guaranteed” physical liberty. How? Well Article 5 states that everyone has the right to liberty and security of the person. A important element of Article 5 is Article 5(1) c. Article 5(1)c states the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority of reasonable suspicion of having committed and offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so . As mentioned above in Article 5 (1)c I believe that a case which is of relevance is Christie V Leachinsky 1947. In Christie V Leachinsky 1947 it was held that the arrest was unlawful as it could only be justified if it was known to the person arrested . This indicates that section 24 of PACE and Article 5 do not contradict each other and therefore enable a balance of powers to exist. Or does it?

What is Section 28 of PACE? Does...
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