When the good folk at PNLD reply to a question from one of our fans (he copied us in) that many of you have been wondering…

When the good folk at PNLD reply to a question from one of our fans (he copied us in) that many of you have been wondering…

Classification: NOT PROTECTIVELY MARKED

James,

In the circumstances, as portrayed in the TV drama In the Line of Duty, we cannot see, why DCI Huntley would not be able to arrest the solicitor, although it would be clearly unadvisable to do so. She asked a senior officer present whether she was still a police officer and he said that she was. However, ultimately if it was challenged, which given that he was a criminal defence solicitor, it likely would be, then it would be for a court to make the decision as to whether the arrest was lawful or not.

If the officer was suspended then they would have surrendered their warrant card which means that they would not then be able to effect an arrest and should the circumstances arise then they would have to rely on the power in section 24A of PACE, citizen’s power of arrest.

Please note that as it appears that the above reply is intending to be published to a wider audience we must point out the disclaimer below and our terms and conditions.

Kind Regards,

Marnie Ratcliffe
Legal Adviser
PNLD

Please note:

The above answer is forwarded to you as part of the legal information service provided by PNLD to our customers. Every effort has been made to ensure that the information provided is correct. However, your attention is drawn to PNLD terms and conditions and the disclaimer provided by West Yorkshire Police below.

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On 01/05/2017 06:26, James wrote:

Hello PNLD,

It’s a question many of us in the station are asking after last night’s final episode of Line of Duty… Can an officer who is herself under arrest, arrest someone else? Is there anything stopping her exercising her powers?

Any clarification would be great to see how the plot stands to legal scrutiny!

Thanks,

James
FCR Dispatcher
D Relief