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Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

The court asked whether the power of arrest under s6 of the 1864 Act survived s26 of the 1984 Act.
Held: The 1984 Act affected only the powers given to police officers as police officers. The power under s6 of the Vagrancy Act applied to any person, and therefore was not affected by a restriction of additional powers given to officers by other provisions.

Citations:

[1998] EWCA Civ 1146, [1999] 2 WLR 928, [1998] 4 All ER 248, [2000] QB 29

Links:

Bailii

Statutes:

Vagrancy Act 1824 6, Police and Criminal Evidence Act 1984 6

Jurisdiction:

England and Wales

Citing:

CitedDirector of Public Prosecutions v Kitching 1989
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 November 2022; Ref: scu.144625

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