Unlawful Arrest by Police - Part 1 | BlackBeltBarrister

It will be unlawful for the police to arrest someone without adhering to their codes and procedures. The police can arrest any person without a warrant in specific circumstances and must adhere to certain codes under PACE. If not, it may be rendered unlawful, and this is a complex area that I am going to break down into at least 2 parts.

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[tailtidy]

Your videos/information are such a selfless act.

I greatly appreciate the time that it takes to compile the information, thank you.

[stephen]

A very interesting and informative gentleman, thank you for the guidance as the law is so complex, and it's nice to be aware of what rights a person has !👍

[gordon]

One question this video did explain very nicely is why we keep hearing stories of drivers with no insurance or licence in an unroadworthy car keep getting stopped, the car seized and then reported to attend court at a later date, when most people keep asking why they aren't in cuffs in the back of the car instead.

[scEptic]

Wednesbury test ... brilliant ! That has so many ramifications... that 1948 Wednesbury and 1996 O'HAra cases can be an eye opener in terms of "reasonable" ... did the officer take into account all of the excuses? Did he dismiss any of it and why ? Did he mention that he omitted a statement from the defendant? If yes, then why ? ... useful cross questions that shine a light on the officers judgement at the time ... Great stuff ! Bravo

[mrmegachonks]

Very thorough. Great to know the PACE legislation.

[oddball]

Informative. Shame that it would be lost on the majority of ignorant abuse of power PUBLIC EMPLOYEES types.

[doingstuffandfilmingit]

Gotta love the naivety of whoever wrote PACE. using the word 'honestly' when it comes to the police.

[stephenhunt]

Very useful. Many thanks. So, why is it that so many police auditors get stopped, harassed, handcuffed and searched - under Section 43
of the Terrorism Act - for simply filming. Filming is not, by itself, "reasonable grounds" to suspect that an offence will be committed.

[maxpaws]

Can a person use reasonable force against a police officer who is conducting an unlawful arrest?
And is it risky (in law) to do so?

[gurglejug]

Thanks for publishing this info - I think that once people have more information about what constitutes a lawful arrests and procedure, there will be oh soooo many civil claims against them. I wish I'd known before what I know now - but as a decent and law abiding citizen, one neither knows or has any experience of these things until one day some arse starts making allegations... usually it seems, bitter women, with whom the police and courts side beyond all reason or proportion - indeed even when the police themselves see them lying they won't look into or question the accuser, and further - when one can absolutely prove the most blatant and deliberate perjury by them, even thefts, assaults, blackmail, criminal damage etc, by a woman, they refuse even to issue a report number, yet will arrest a man out of sheer convenience. This is the reality of English police -as biggoted and unprofessional as you like, almost determined to wreck the justice system.

[Paul]

I was told that I was not being arrested, they only wished to talk to me. However I would only be allowed to leave on the agreement that I when to my daughter's house, and if I continued to refuse I may well end up being arrested! when I tried to make a complaint later there was no records of me being stopped and the officers concerned said it wasn't them that stopped me!

[andywoollard]

Great information and well presented as always. I have a question – what if the police officer truly believes your activities to be an offence but, those activities are not an offence in any way, however you are arrested (or detained for a search) by the officer. How is this addressed by the courts?

[joeking]

What would be the situation after being arrested, mandandled, imprisoned for 24hrs then when in court, the charge is thrown out?

[simoncroatia]

I was arrested and held for 46 hours before appearing in front of a magistrate who sent me to prison on remand. You said 24 hours which can be extended to 36, longer for terrorism or murder neither of which I was accused of. Which other crimes can result in longer then 36 hours in police custody please?

[SSRT_JubyDuby]

They have far too much power and they constantly abuse it.

[johnmartin]

Very informative video with an excellent explanation of the legislation thank you.

[an_uk]

Would Googling a term related to something illegal, in and of itself, provide "reasonable grounds"?

[CarlCrez]

I was held for 3 hours for publishing a news story in a local paper, I attended voluntary by police car as told if I didn't I'd be arrested, I was told I'm free to leave at any time but if I do I will be arrested, I was never charged and years later have never been told the case is nfa

[Azphreal]

Thank you for the information about having to give the 'Legal and factual' bases for the arrest.

[charlesmayes]

So to can a member of the public can arrest a police officer if he commits a crime or a fence