Having no licence is not a arrestable offence either according to the police man strange.
The officer was incorrect.
Police and Criminal Evidence Act 1984
Sections 24 and 25 PACE are replaced by a new section 24 and section 24A – as substituted by sections 110 and 111 and Schedule 7 of Serious Organised Crime and Police Act 2005.
The effect of the changes is to replace the concept of seriousness with a test of necessity. From 1 January 2006, all offences carry the power of arrest. A lawful arrest will require two elements:
- a person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; and
- Reasonable grounds for believing that the person’s arrest is necessary.
The necessity criteria are set out in detail in paragraphs 2.4 to 2.9 of PACE Code G. The criteria are that the arrest is necessary to:
- obtain the name and/ or address of the person and be satisfied with the information provided
- prevent the person in question:
- (i) causing physical injury to himself or any other person;
- (ii) suffering physical injury ;
- (iii) causing loss or damage to property;
- (iv) committing an offence against public decency; or
- (v) causing an unlawful obstruction of the highway;
- protect a child or other vulnerable person from the person in question
- allow the prompt and effective investigation of the offence or of the
- conduct of the person in question
- to prevent any prosecution for the offence from being hindered by the
- disappearance of the person in question.
When considering the need to arrest the officer should take the following into account; the situation of the victim; the nature of the offence; the circumstances of the offender and the needs of the investigation.
Arrest must never be used simply because it can be used. The use of the power must be fully justified and officers exercising the power should consider whether the necessary objectives can be met by other, less intrusive means, such as summons, fixed penalty notice, penalty notice for disorder; or by using street bail following arrest rather than taking the person to the police station. Recording requirements are set out in section 4 of Code G.
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