law pages of Bournemouth and Poole College.
The Lord Levy may be miffed at being arrested but his legal team will ask technical questions about the arrest. On January 1st this year police powers of arrest changed.
The use of powers of arrest must be fully justified and officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means. The exercise of arrest powers is subject to a test of “necessity” based around the nature and circumstances of the offence and the interests of the criminal justice system. Arrest must never be used simply because it can be used; “theatrical” arrest – as was alleged in this case – is simply unlawful.
A lawful arrest requires two elements:
1. A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; AND
2. Reasonable a ground for believing that the person’s arrest is “necessary” and it is this “necessity principle” which may prompt legal inquiry into the arrest of the Lord Levy. (Sections 110 and 111 of the Serious Organised Crime and Police Act 2005).
Well then, what are the “necessary criteria”? There are probably 9, depending on how you count them.
(one) to enable the name (and address) of the person in question to be ascertained;
or to prevent the person in question-
(two) (i) causing physical injury to himself or any other person;
(three) (ii) suffering physical injury;
(four) (iii) causing loss of or damage to property;
(five) (iv) committing an offence against public decency; or
(six) (v) causing an unlawful obstruction of the highway;
(seven) (d) to protect a child or other vulnerable person from the person in question;
(eight) (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(nine) (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
Clearly most of these reasons do not apply, no doubt the reason will be made clear in due course, could it be number ‘eight’ Lord Levy doesn’t thinks so, surely in can’t be number ‘nine’; holding of breath is not recommended.