Police Powers of Arrest

The police may arrest with or without a warrant. There are many powers of arrest under a warrant issued by a justice of the peace or judge, and the rules governing each of them is set out in the statute creating the power. This section deals with police powers of arrest without a warrant. Article 5 (the right to liberty and security of the person) of the Convention is the article most likely to be violated here. Article 5 permits arrest on several grounds, the most relevant here being to prevent the commission of offences. This will be closely scrutinised by the court, as it does not for instance authorise any general powers of arrest to maintain order.