Having regard to the continuously reported allegations of breaches of ‘Lockdown Rules’ by officials at Downing Street and the criticism of the Metropolitan Police Force in its handling of the issue, Suki Randhawa of Kangs Solicitors comments upon the procedure available to the Police in these circumstances.
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As part of its service to clients, the team at Kangs Solicitors provides advice, assistance and representation at Police Stations throughout the country. For an initial no obligation discussion, please call our team at any of our offices detailed below:
The Relevant Law | Powers of Arrest | Kangs Solicitors
The Police and Criminal Evidence Act 1984 states:
‘24 Arrest without warrant: constables
(1) A constable may arrest without a warrant—
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3) If an offence has been committed, a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.’
However, subsection (4) provides that this power of summary arrest is exercisable only:
‘if the constable has reasonable grounds for believing that for any of the reasons [mentioned in subsection (5)] it is necessary to arrest the person in question’.
General Procedure | Kangs Police Station Solicitors
- Wherever possible, in circumstances where a suspect to an alleged offence can be interviewed without arrest, a Voluntary Interview will be arranged.
- However, this procedure requires the cooperation of the suspect and if an invitation to attend for Voluntary Interview is not adhered to, the Police may arrest the suspect.
- Whether a suspect is interviewed voluntarily or following arrest, the Police will administer, prior to the interview, the usual required caution which confirms that the suspect has the right not to say anything but an adverse inference can be drawn from such silence or if any account provided varies at any later stage in subsequent court proceedings.
- In situations where the Police find that sufficient evidence exists to pursue a prosecution, the option exists simply to issue a Fixed Penalty Notice particularly where a court may ultimately deal with any conviction by imposing a fine itself.
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