Classification: NOT PROTECTIVELY MARKED
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.
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On 01/05/2017 06:26, James wrote:
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!