Test for Arrest

After some research, I believe the police have made a fundamental error in arresting my mum, especially the way in which they did.

If they had a warrant for her arrest, which they didn't mention again after taking her in, it would have needed to be signed off by a judge. If that process had been followed, a MARAC should have been called. This is a multi agency meeting to help safeguard the victims of domestic abuse. 

At that meeting, they should have considered whether my father's allegations were likely "counter allegations" - being made in the way an abuser typically would. The guidance shows how they resolve counter allegations to find out who the victim truely is and the guidance also details why this is crucial - namely to protect the victim from further abuse, trauma and prevent a distrust of the authorities.

Even in the unlikely event that they believed two phone calls made by an unknown number to my dad in August and that my mother walking her dog needed further investigation, was it necessary to arrest her at 10pm on a Friday, in front of her neighbours, in her pyjamas, to spend a night in a cell? She was in police custody for 16 hours and despite me repeatedly telling them she was out of her nighttime medication and that they'd need to get it for her, they just handed her an empty box of tablets.

Let's assume then that a warrant wasn't issued by a judge and the arresting officers made the decision in the moment.

Here is the guidance under PACE (the law the police must follow) when arresting without a warrant:

What makes an arrest necessary?

The PACE Act (Code G) establishes a range of specific conditions that would make an arrest necessary.

In brief, these are as follows:

*To ascertain a person’s name or address.* This would be considered an arrest necessity if the police had reason to believe they were being given false information.

*To prevent physical harm.* This includes harm to the person being arrested, whether from others or from themselves.

*To prevent loss of or damage to property.* This would particularly apply if the individual has a history of theft or criminal damage, for instance.

*To prevent an offence against public decency.* This only applies if members of the public are going about their business nearby and cannot reasonably avoid the individual.

*If there is an unlawful obstruction to the highway.* In this case, there should be some indication that the obstruction will continue or be repeated without an arrest.

*To protect a child or a vulnerable person.* This includes both the physical and mental wellbeing of the person.

*To prevent the investigation of an offence or the prosecution of the suspect being hindered.* For instance, if there was reason to believe the individual would not attend court following a summons, this would suggest an arrest necessity.

According to PACE, even in these cases police must consider other practical alternatives to arrest. Only in the absence of such alternatives is arrest justifiable.

None of those instances apply to the circumstances of my mum's arrest.

The guidance below for arresting police officers states that they must keep a record of the reasons why the arrest was necessary.

Under PACE Code C

4 Records of Arrest

(a) General

4.1

The arresting officer is required to record in his pocket book or by other methods used for recording information:

• the nature and circumstances of the offence leading to the arrest;

• the reason or reasons why arrest was necessary;

• the giving of the caution; and

• anything said by the person at the time of arrest.

So our next steps are to obtain the records of arrest and find out the reasons why this happened.

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