Podcast Location:
Download it here [file size: 47 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to ensure that legal practitioners are familiar with the steps that need to be taken to determine whether an arrest is necessary pursuant to the Police and Criminal Evidence Act 1984, with reference to the Act, its statutory codes of practice and the relevant case law.

Outcomes:
After completing the course you will:
  • Understand the relevant legislation which provides a police officer with a power of arrest;
  • Be aware of the conditions that must be met for an arrest to be permissible in the absence of a warrant from the Court;
  • Know the process, and limits, of voluntary attendance at a police station under the Police and Criminal Evidence Act 1984;
  • Be aware of the relevant case law that needs to be considered when determining whether an arrest is necessary for the purpose of the Police and Criminal Evidence Act 1984;
  • Understand the nature of statutory practice codes under the Police and Criminal Evidence Act 1984.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Sources and References:
  • Police and Criminal Evidence Act 1984;
  • Hayes –v- The Chief Constable of Merseyside Police [2011] EWCA Civ 911;
  • Re Alexander [2009] NIQB 20;
  • Farrelly and others v CC PSNI (2009);
  • Richardson –v- The Chief Constable of West Midlands Police [2011] EWHC 773 (QB);
  • Lord Hanningfield of Chelmsford –v The Chief Constable of Essex [2013] EWHC 243 (QB);
  • Wilding –v- The Chief Constable of Lancashire (Unreported) 22 May 1995;
  • O’Hara –v- The Chief Constable of the RUC [1997] 2 WLR 1.
Tags:

In this CPDcast, Alex Gask, a barrister at Doughty Street Chambers, looks at the issue of necessity to arrest. Alex focuses on the relevant legislative framework under the Police and Criminal Evidence Act 1984, and its statutory codes, in addition to the case law relevant to determining whether an arrest is “necessary” or not.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 34:13

Date Recorded: 21st May 2015

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