Arrest - Re-arrest Flashcards Preview

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Flashcards in Arrest - Re-arrest Deck (2)
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1
Q

Is an arrest power exhausted once exercised

A

No Exemplified by Michaels v The Queen (1995)

Supported by

  • Corrections Act 1986 s.41
  • Magistrates Court Act 1989 s.61
2
Q

When re-arresting what should be taken into consideration

A
  1. The purpose of the arrest
  • is it to obtain a further confession that differs from an earlier one.
  • Such gathering of evidence will most likely be seen as unfair to the accused by the courts