Sunday, July 28, 2019
Public Law 2 Essay Example | Topics and Well Written Essays - 1500 words
Public Law 2 - Essay Example Advice the Chief Constable as to whether the NUP have a right to conduct the demonstration and March and whether there are any legal means by which the event might be either banned or effectively policed. The area of law for examination is Section 132 and 133 of Serious Organised Crime and Police Act 2005, which came into force from 1 July 2005. Demonstrations in the vicinity of Parliament (Demonstrating without authorisation in designated area). Advise Constable Ullah as to whether he is within his rights to arrest Maria and Arif. Are there grounds to arrest those NUP members who are shouting obscenities at members of the crowd who hold opposite views to theirs? Is Nicholas detention lawful? It is well within the powers of the police constable, Ullah to arrest Maria and Arif under the powers conferred to him under Section 112 of the Serious Organised Crime and Police Act, 2005, (Part 3 : Police Powers etc, Powers of Arrest).à Yes, there are grounds to arrest those NUP members who are shouting obscenities at members of the crowd who hold views opposite to theirs. This has been provided under the various sub-sections of Section 110 (24: Powers of arrest: arrest without warrant: constable) of Serious Organised Crime and Police Act 2005. Under the powers conferred to him a police constable may make an arrest if he has reasons to believe that such a person could reasonably be believed to be a suspect for indulging in culpable offence. However the following conditions have to be fulfilled in order to validate the arrest. Under the Section 110 : 24Aà :(a) ââ¬Å"the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and (b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead. In
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