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12
What is the significance of the case of Castorina regarding the definition of reasonable suspicion?
In this case Lord Woolf attempted to formulate a test for the courts to use to determine whether an officer acted with reasonable suspicion
(a) Did the arresting officer suspect that the person arrested was guilty of the offence;
(b) were there reasonable grounds for that suspicion;
(c) did the officer exercise his discretion to make the arrest in accordance with Wednesbury principles (this means did he/she do what the reasonable officer in that situation would have done).
(a) Did the arresting officer suspect that the person arrested was guilty of the offence;
(b) were there reasonable grounds for that suspicion;
(c) did the officer exercise his discretion to make the arrest in accordance with Wednesbury principles (this means did he/she do what the reasonable officer in that situation would have done).
Flashcard info:
Author: CoboCards-User
Main topic: Law
Topic: Police Powers
School / Univ.: JLC
City: Scunthorpe
Published: 08.12.2010