Police999.com Discussion Forums
November 20, 2014, 20:27:13 PM *
Welcome, Guest. Please login or register.

Login with username, password and session length
News: In order to see all of our Forums (we have over 30), you will need to register
 
   Home   Help Search Login Register  
Pages: [1] 2   Go Down
  Print  
Author Topic: Is Failing to Stop Arrestable?  (Read 7191 times)
Chief
Yeah, roger that...
Administrator
*
Offline Offline

United Kingdom United Kingdom

Posts: 5388



WWW Awards
« on: February 05, 2005, 01:05:47 AM »

murraymaddog:
an anyone tell me if failing to stop for a constable in uniform is an arrestable offence??
anyone who knows could you tell me where yo got the info and how new it is.


hangman:
It does have a power of arrest but is not an arrestable offence. This came in about 18 months ago I think. This can take the form of an officer standing at the roadside or failing to stop for a car with a blue light on.


Ch00:
Power of arrest in relation to failure to stop a vehicle

(1) In section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform), after subsection (3) there shall be inserted-

"(4) A constable in uniform may arrest a person without warrant if he has reasonable cause to suspect that the person has committed an offence under this section."


(2) In section 17(1)(c) of the 1984 Act (power of entry to effect arrest for certain offences), after sub-paragraph (iii) there shall be inserted-

"(iiia) section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform);".

(3) This section has no effect in relation to offences committed before its commencement.

This came in with the Police Reform Act 2002

Logged

Traffico3
Guest
« Reply #1 on: February 13, 2005, 23:05:54 PM »

Strange.  Thought it had always been there.  Come to think of it, obviously so did the magistrates who subsequently found the arrested person, 'GUILTY' :-?
Logged
busterbloodvessel
Global Moderator
*
Offline Offline

United Kingdom United Kingdom

Posts: 5367



Awards
« Reply #2 on: February 14, 2005, 00:23:59 AM »

I thought this had been made an arrestable offence under s.24 of PACE by the Police Reform Act 2002
Logged

TJF

Mod Posts in Green
Ch00
Guest
« Reply #3 on: February 14, 2005, 00:29:45 AM »

Its has see my post in the edited part of Chiefs.

Ch00
Logged
MIGGS
Sergeant
*
Offline Offline

Posts: 69



Awards
« Reply #4 on: February 16, 2005, 17:23:58 PM »

Failing to stop in a vehicle and on a pedal cycle for a constable in uniform are arrestable offences.
Logged

***********************************
Prior Planning Prevent P*** Poor Performance!
olliec
Top Member
*
Offline Offline

United Kingdom United Kingdom

Posts: 808


Awards
« Reply #5 on: February 16, 2005, 17:52:12 PM »

However, I don't think I would have the balls to bring in someone for failing to stop on a pedal cycle unless there was other offences etc.

Bit like drunk in charge of a pedal cycle.....
Logged

Met Police - PS

"One day you are rescuing a puppy, the next day you are fishing a skull out of the toilet."
busterbloodvessel
Global Moderator
*
Offline Offline

United Kingdom United Kingdom

Posts: 5367



Awards
« Reply #6 on: February 16, 2005, 18:28:03 PM »

Ch00, the amendment you quoted above gives it a Statutory Power of Arrest. This is not the same as an Arrestable Offence.
Logged

TJF

Mod Posts in Green
AlphaOscar1
Power Member
*
Offline Offline

Posts: 1507



WWW Awards
« Reply #7 on: February 16, 2005, 20:09:12 PM »

Unless its
A: on Schedule 1A of PACE (like TWOC)
B: Has a sentence of 5 years or more, for a person over 21 and it being their first offence
C:Sentence fixed by law (Murder)
D:Any attempt of an indictable offence.

Its not an arrestable offence. I don't think its on Schedule 1A and so it must be an offence with a power of arrest attached to the act :wink:

James
Logged

lt;div>The Voice of Experience....allegedly</div>
150bpm
Chief Inspector
*
Offline Offline

Posts: 126



Awards
« Reply #8 on: February 18, 2005, 16:14:07 PM »

Quote from: "busterbloodvessel"
Ch00, the amendment you quoted above gives it a Statutory Power of Arrest. This is not the same as an Arrestable Offence.


What is the difference?  Is it only that one is s.24 and the other has it's own power?
Logged
LongTail
Guest
« Reply #9 on: February 18, 2005, 16:20:45 PM »

Well, the powers of search after arrest which accompany an arrestable offence is one difference. As are the actual circumstances under which an arrest may be made, depending on the wording of the power of arrest itself. In this instance, there is no power of arrest to prevent the commission of this offence, whereas there is with an arrestable offence.
Logged
Chopper
Chief Superintendent
*
Offline Offline

Posts: 281



Awards
« Reply #10 on: February 18, 2005, 16:29:18 PM »

Quote
1) In section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform), after subsection (3) there shall be inserted-


In this case then would it still be an offence to fail to stop for a plain clothes officer driving a marked car or an unmarked car with blues??

The wording does not mention this. Anyone know of any case law on it?
Logged
150bpm
Chief Inspector
*
Offline Offline

Posts: 126



Awards
« Reply #11 on: February 18, 2005, 16:53:04 PM »

Quote from: "LongTail"
there is no power of arrest to prevent the commission of this offence


That's quite lucky!  I don't think a custody skipper would be too happy with you : "I thought he was going to fail to stop Sarg..."

I didn't think of the power of search, I always do a s.32, hmmm
Logged
LongTail
Guest
« Reply #12 on: February 18, 2005, 18:25:31 PM »

I was thinking more of the power to search premises after arrest for an arrestable offence.
Logged
SgtAngel
Administrator
*
Offline Offline

United Kingdom United Kingdom

Posts: 2737


WWW Awards
« Reply #13 on: February 18, 2005, 18:38:00 PM »

Quote from: "Chopper"
Quote
1) In section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform), after subsection (3) there shall be inserted-


In this case then would it still be an offence to fail to stop for a plain clothes officer driving a marked car or an unmarked car with blues??

The wording does not mention this. Anyone know of any case law on it?


If the officer is in plain clothes then it would not be an offence, but only a fool would choose not to stop.
Logged

If a woman tells you she's twenty and looks sixteen, she's twelve. If she tells you she's twenty-six and looks twenty-six, she's damn near fourty


Police999.com ModTeam
Chopper
Chief Superintendent
*
Offline Offline

Posts: 281



Awards
« Reply #14 on: February 18, 2005, 19:23:58 PM »

Quote

--------------------------------------------------------------------------------
Well, the powers of search after arrest which accompany an arrestable offence is one difference. As are the actual circumstances under which an arrest may be made, depending on the wording of the power of arrest itself. In this instance, there is no power of arrest to prevent the commission of this offence, whereas there is with an arrestable offence.


 :help:

As far as I know there is never a power of arrest to prevent an offence unless you are talking about the general arrest conditions or arresting someone who is about to commit an arrestable offence. Is this what you mean?

As far as searching goes it is irrelevant whether it is an arrestable offence or not unless it is a Sec 18 you are taking about.  A 32 can be carried out when someone is arrested for any offence, but for an 18 it has to be an arrestable offence.

Regards

Chopper
Logged
Pages: [1] 2   Go Up
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.10 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!