The manner of arrest: Formal Legal Requirements IF ANY OF THESE ARE MISSING,
THE
ARREST IS UNLAWFUL
• PACE s.28: Reasons for arrest must be given by an officer other than arresting
officer
o Dhesi v CC West Midlands Police (2000) The Times May 9
Consequences of a failure to inform at the time of the arrest
DPP v Hawkins [1988]
Lewis v Chief Constable of South Wales [1991]
Wood v DPP [2008
• PACE s.28
Subject to subsection (5) below, where a person is arrested, otherwise than by being
informed that he is under arrest, the arrest is not lawful unless the person arrested is
informed that he is under arrest as soon as is practicable after his arrest.
(2) Where a person is arrested by a constable, subsection (1) above applies regardless of
whether the fact of the arrest is obvious.
(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is
informed of the ground for the arrest at the time of, or as soon as is practicable after the
arrest.
o 'practicable thereafter': if there is a struggle and it is more applicable to inform the
defendant of their arrest when they are successfully restrained and subdued
(4) Where a person is arrested by a constable, subsection (3) above applies regardless of
whether the ground for the arrest is obvious.
(5) Nothing in this section is to be taken to require a person to be informed -(a) that he is
under arrest; or (b) of the ground for the arrest, if it was not reasonably practicable for him to
be so informed by reason of his having escaped from arrest before the information could be
given
(a) Intimation of fact of arrest
Alderson v Booth [1969] 2 QB 216
- drunk driver failed his Breathalyzer test and the officer said to the person I must
ask you to come to the police station for further tests.
-subsequently, the driver challenged the lawfulness of that arrest as this was not
sufficiently clear and that the officer had not clearly stated that he was being arrested.
-The HC said that the language used was ambiguous and the officer should have
simply said “you are under arrest”
(b) Intimation of the ground for the arrest
Telfer (1976) Crim LR 562
- the police suspected that a burglary was committed
- the police officer arrests telfer in connection with this burglary and says he is
arrested on suspicion of burglary but did not disclose the details- telfer challenged the
lawfulness of the arrest as he was not provided with enough reasonable grounds and the HC
accepted this challenge.
Clarke v Chief Constable of North Wales (2000), B, H & J p.285.
- Arrested with the suspicion of dealing drugs
- The anti-drug legislation has different classes of drugs
- The police officers arrested Clarke on suspicion of dealing drugs and the officers
did not tell him what particular class of drug he was suspected of dealing
- He challenged the arrest by saying the police officers should have informed him of
what class
THE
ARREST IS UNLAWFUL
• PACE s.28: Reasons for arrest must be given by an officer other than arresting
officer
o Dhesi v CC West Midlands Police (2000) The Times May 9
Consequences of a failure to inform at the time of the arrest
DPP v Hawkins [1988]
Lewis v Chief Constable of South Wales [1991]
Wood v DPP [2008
• PACE s.28
Subject to subsection (5) below, where a person is arrested, otherwise than by being
informed that he is under arrest, the arrest is not lawful unless the person arrested is
informed that he is under arrest as soon as is practicable after his arrest.
(2) Where a person is arrested by a constable, subsection (1) above applies regardless of
whether the fact of the arrest is obvious.
(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is
informed of the ground for the arrest at the time of, or as soon as is practicable after the
arrest.
o 'practicable thereafter': if there is a struggle and it is more applicable to inform the
defendant of their arrest when they are successfully restrained and subdued
(4) Where a person is arrested by a constable, subsection (3) above applies regardless of
whether the ground for the arrest is obvious.
(5) Nothing in this section is to be taken to require a person to be informed -(a) that he is
under arrest; or (b) of the ground for the arrest, if it was not reasonably practicable for him to
be so informed by reason of his having escaped from arrest before the information could be
given
(a) Intimation of fact of arrest
Alderson v Booth [1969] 2 QB 216
- drunk driver failed his Breathalyzer test and the officer said to the person I must
ask you to come to the police station for further tests.
-subsequently, the driver challenged the lawfulness of that arrest as this was not
sufficiently clear and that the officer had not clearly stated that he was being arrested.
-The HC said that the language used was ambiguous and the officer should have
simply said “you are under arrest”
(b) Intimation of the ground for the arrest
Telfer (1976) Crim LR 562
- the police suspected that a burglary was committed
- the police officer arrests telfer in connection with this burglary and says he is
arrested on suspicion of burglary but did not disclose the details- telfer challenged the
lawfulness of the arrest as he was not provided with enough reasonable grounds and the HC
accepted this challenge.
Clarke v Chief Constable of North Wales (2000), B, H & J p.285.
- Arrested with the suspicion of dealing drugs
- The anti-drug legislation has different classes of drugs
- The police officers arrested Clarke on suspicion of dealing drugs and the officers
did not tell him what particular class of drug he was suspected of dealing
- He challenged the arrest by saying the police officers should have informed him of
what class
