Arrest and detention

Arrest

The right to liberty is a fundamental principle of human rights. The exercise of the power of arrest is a significant interference with that right. Therefore an arrest must be lawful. The police powers of arrest are principally governed by the Police and Criminal Evidence Act 1984 (PACE 1984). To be lawful, a police arrest must be necessary by reference to the statutory powers set out in PACE 1984. PACE 1984 Code of Practice G provides additional rules and guidance on the use of these powers and are essential reading for all lawyers advising on this area of law.

The term 'arrest' is not defined in PACE 1984. The courts have held that it is an ordinary English word and whether or not a person has been arrested depends not on the legality of the arrest but on whether they have been deprived of liberty of movement. Under PACE 1984, a police officer must inform a person that they are under arrest and the reason why. A failure to do so may render the arrest unlawful.

PACE 1984 expressly preserves certain

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Corporate Crime News

Corporate Crime weekly highlights—21 November 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the recently released statutory guidance on the failure to prevent fraud offence and the procedures that companies are expected to implement in order to comply, of the UK and EU approaches to sanctions enforcement which shows that the UK is making progress when it comes to effective sanctions enforcement and of the ASA’s use of AI to monitor adverts to proactively pursue so-called ‘greenwashing’ claims. Also included is news of upcoming changes to sanctions legislation, including the expansion of reporting obligations to cover additional sectors, of the public call for evidence to support the work of the independent sentencing review and of a company being fined £1.28m after an employee was crushed to death by a lorry. All this, and more, in this week’s Corporate Crime highlights.

HM Treasury issues advisory on Oil Price Cap evasion tactics

HM Treasury (HMT)and the Office of Financial Sanctions Implementation (OFSI) have released an advisory concerning the Oil Price Cap (OPC) regime. The guidance specifically addresses evasion strategies involving the manipulation of product origin through the use of fabricated and falsified Certificates of Origin (CO). This advisory aims to alert relevant parties to the risks associated with such practices and to enhance compliance efforts within the oil trade sector.

All eyes on the SFO after LC&F Ponzi scheme ruling

Law360, London: Damning findings in civil litigation that the directors of London Capital & Finance (LC&F) ran the bonds company as a Ponzi scheme could foreshadow the Serious Fraud Office's (SFO) parallel criminal investigation into the failed £237m investment business, lawyers say.