PACE Code G question
Discussion
PACE Code G was mentioned on another thread about a Chief Constable threatening to lockup people for covid travelling. So, as you do, I shuftied over to have a look.
Can anyone explain to me how this:
2. Elements of Arrest under section 24 PACE
2.1 A lawful arrest requires two elements:
A person’s involvement or suspected involvement or attempted involvement
in the commission of a criminal offence;
AND
Reasonable grounds for believing that the person’s arrest is necessary.
• both elements must be satisfied, and
• it can never be necessary to arrest a person unless there are reasonable grounds to suspect them of committing an offence.
Is compatible with this:
2.3 A constable may arrest without warrant in relation to any offence (see
Notes 1 and 1A) anyone:
• who is about to commit an offence or is in the act of committing an offence;
Surely if you've yet to commit the offence you haven't, err, committed the offence...
Can anyone explain to me how this:
2. Elements of Arrest under section 24 PACE
2.1 A lawful arrest requires two elements:
A person’s involvement or suspected involvement or attempted involvement
in the commission of a criminal offence;
AND
Reasonable grounds for believing that the person’s arrest is necessary.
• both elements must be satisfied, and
• it can never be necessary to arrest a person unless there are reasonable grounds to suspect them of committing an offence.
Is compatible with this:
2.3 A constable may arrest without warrant in relation to any offence (see
Notes 1 and 1A) anyone:
• who is about to commit an offence or is in the act of committing an offence;
Surely if you've yet to commit the offence you haven't, err, committed the offence...
Edited by Oceanrower on Friday 15th January 13:40
Edited by Oceanrower on Friday 15th January 13:41
Prevention of crime is one of the roles of a constable.
The 'about to commit' is specific to 'a constable' & goes beyond that of a member of the public.
You need to read the whole line, the words 'and' & 'or' are very important in legislation.
Couple of simple examples that spring to mind:
The man with his arm drawn back in a throwing stance & a brick in his hand outside the jewellers?
The armed terrorist in the street about to stab/shoot his first victim?
The 'about to commit' is specific to 'a constable' & goes beyond that of a member of the public.
You need to read the whole line, the words 'and' & 'or' are very important in legislation.
Couple of simple examples that spring to mind:
The man with his arm drawn back in a throwing stance & a brick in his hand outside the jewellers?
The armed terrorist in the street about to stab/shoot his first victim?
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