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Chapter

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules and their effectiveness in controlling the use of this power, and also looks at what reasons for arrest are lawful. The chapter shows that arrest is used for many purposes, some more legitimate than others.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aranyosi and Căldăraru (Joined Cases C-404/15 and C-659/15 PPU), EU:C:2016:198, 5 April 2016. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Alpa Parmar

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aranyosi and Căldăraru (Joined Cases C-404/15 and C-659/15 PPU), EU:C:2016:198, 5 April 2016. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

There is no general law or uniform code of international criminal procedure. The International Criminal Court's procedure is still developing, and the ad hoc international criminal tribunals have their own procedural rules. However, defendants before any of the tribunals share certain fundamental fair trial rights. This chapter examines those rights and a defendant's right to appeal against their conviction or sentence. It first introduces general fair trial rights enjoyed by the defendant. It then examines in more detail the content of the right to a public, fair, and expeditious hearing. Next, it considers some of the issues concerning legality of arrest and detention, the right of appeal, and the revision and enforcement of sentences.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

In order to investigate a criminal offence, the police may need to stop and search, arrest, detain, and/or question a suspect. This chapter explains the key rules that govern the exercise of police powers. The use of stop and search powers, in particular, has long been controversial as there is evidence that black and Asian people are more likely to be stopped than white people. The chapter also considers powers of arrest and the way in which arrests should be carried out, as well as minimum rights and standards for the detention and questioning of suspects under the Police and Criminal Evidence Act (PACE) Codes of Practice. The chapter concludes with a discussion of the factors that are considered when deciding whether to charge a suspect with a criminal offence.

Chapter

This chapter considers the process of detention, questioning, and charging of the suspect. It discusses the rights of a volunteer at the police station; action immediately following arrest; the role of the custody officer; detention without charge; reviewing a suspect’s detention; the suspect’s right to intimation and/or legal advice; other rights and safeguards enjoyed by the suspect whilst in detention; the treatment of vulnerable suspects; interviewing the suspect; the requirement to caution; the elements of a fair interview; how an interview should be recorded; release pending further investigation and charging a suspect.

Chapter

This chapter discusses the procedure for obtaining orders under the Family Law Act 1996 without notice, on notice, and when enforcing orders. Proceedings are commenced using a Form FL401 and a statement in support. Proceedings are commenced in the family court. Funding is available for those eligible for CLS funding. The respondent should be personally served with the FL401 and the statement in support unless the application is to be made without notice. Police should be contacted if a non-molestation order is breached and if an occupation order has a power of arrest attached to it. Warrant of arrest and committal proceedings are also discussed.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.

Chapter

This chapter examines government powers of arrest and detention. Section I provides a three-part analysis of police powers to restrict an individual’s physical liberty. The first part considers powers of ‘arrest’, the second addresses powers of detention that arise consequent upon arrest but before the detained person is charged with any offence, and the third considers situations in which a person can lawfully be detained without actually being arrested. Section II discusses the deprivation of liberty for ‘terrorist’ offences, specifically powers of arrest and detention from 1945 to 1977, and in the post-1977 era.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, and discusses the interpretation of the Strasbourg Court of this article in its judgments.

Chapter

Martin Hannibal and Lisa Mountford

This chapter considers the process of detention, questioning, and charging of the suspect. It discusses the rights of a volunteer at the police station; action immediately following arrest; the role of the custody officer; detention without charge; reviewing a suspect’s detention; the suspect’s right to intimation and/or legal advice; other rights and safeguards enjoyed by the suspect whilst in detention; the treatment of vulnerable suspects; interviewing the suspect; the requirement to caution; the elements of a fair interview; how an interview should be recorded; release pending further investigation and charging a suspect.

Chapter

This chapter discusses the procedure for obtaining orders under the Family Law Act 1996 without notice, on notice, and when enforcing orders. Proceedings are commenced using a Form FL401 and a statement in support. Proceedings are commenced in the family court. Funding is available for those eligible for CLS funding. The respondent should be personally served with the FL401 and the statement in support unless the application is to be made without notice. Police should be contacted if a non-molestation order is breached and if an occupation order has a power of arrest attached to it. Warrant of arrest and committal proceedings are also discussed.

Chapter

This chapter examines government powers of arrest and detention. Section I provides a three-part analysis of police powers to restrict an individual’s physical liberty under what we might regard as ‘ordinary’ laws. The first part of the chapter considers powers of ‘arrest’; the second section addresses powers of detention that arise consequent upon arrest but before the detained person has been charged with any offence; and the third considers situations in which a person can lawfully be detained without actually being arrested. Section II shifts the focus of the chapter to what we might consider to be ‘extraordinary’ laws, by describing and analysing the extent to which the constitution permits deprivation of liberty for ‘terrorist’ offences, specifically powers of arrest and detention which existed between 1945 to 1977, and then in the post-1977 era.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, examining each part of Article 5 and discusses the interpretation of the Court of this Article in its judgments. This includes the Court’s approach to detention on grounds provided for in the Article such as mental health and detention for the purposes of removal from the State.