QUESTION 4(40 marks)

Parliament enacts the Anti-Terrorist and Border Control [Police Powers] Act 2021 ("The ABC Act") (fictious), due to the rise of threats against Parliament. It allows the Police to enter and search any person's property, providing there is a reasonable suspicion that there have been terrorist activities taking place at that property and the search has been authorised by a senior officer.

PC Arnold attends the house of Samantha, a known LGBTQ+ supporter and activist. He informs her that he is searching her property because of a tweet sent from Samantha to her supporters that had the hashtag #blowupparliamentskirts and discussed a LGBTQ+ rally that was planned to take place that Saturday. The route the rally is due to take, takes it past Parliament.

Samantha refuses to let PC Arnold enter her house and so PC Arnold takes hold of her arm with the intent to arrest Samantha under the ABC Act. Samantha pulls away from PC Arnold when he tries to take hold of her, and in doing so accidently hits him in the face. She is then tackled to the ground by PC Jones who, coming up behind PC Arnold, only sees what he believes is a punch to his colleague. PC Jones sits on Samantha until PC Arnold can place handcuffs on her. Samantha suffers from multiple injuries as a result of the tackle and the arrest, including a sprained wrist and concussion. PC Jones transports her to the Police Station, where she is then advised by the custody sergeant that she has been arrested for assaulting a Police Officer and being a terrorist and taken to a cell. Samantha asks to speak to a lawyer and a doctor as she is feeling unwell and her arm is in pain. Samantha is refused both and told that she has to wait for PC Arnold to return to the police station so she can be questioned and charged with possible terrorist offences.

PC Arnold searches Samantha's property and finds a few leaflets about the rally which has the same hashtag as the tweet. The leaflet explains that the rally is a peaceful protest about Parliament's lack of diversity. There is no other evidence to support PC Arnold's belief that Samantha was involved in any terrorist activity.

On returning to the Police Station, PC Arnold advises his sergeant that he was unable to find any supporting evidence at the house, but he still wants to question her about a possible attack on Parliament and the assault. The Sergeant agrees to detain Samantha until the morning when PC Arnold comes back on shift, as Samantha is currently sleeping in the cell. Samantha is spoken to in the morning without legal representation and released on bail.

Advise Samantha:

a)If PC Arnold's request and subsequent search was lawful?

b)If Samantha's arrest and detention was lawful?

c)If Samantha is able to challenge the police, and if so, what is the procedure?