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Specials Training > 07. Correct Use Of Arrest And Warrents > Flashcards

07. Correct Use Of Arrest And Warrents Flashcards

1
Q

What is an arrest?

A
  • To seize a person by legal authority or warrant to take into custody
  • Any seizure or taking by force
  • An act of stopping or the state of being stopped
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2
Q

What should you consider when making an arrest?

A

“The exercise of the power of arrest represents an obvious and significant interference with the Right to Liberties and Security under article 5 of the ECHR”
- PACE Code G 1.2
“The use of power must be fully justified and Officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means”
-PACE Code G1.3

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3
Q

What are the 8 alternatives to arrest?

A
  1. Do nothing
  2. Verbal Warning
  3. Directions to leave
  4. Community resolution
  5. Fixed penalty notice
  6. Penalty notice for disorder (PND)
  7. Voluntary interview/ Report on summons
  8. Arrest

There are others…

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4
Q

When should the ‘when’ caution be used? (3 points)

A
  • A person is arrested
  • A person is not under arrest but you have grounds to suspect that person of an offence, and you intend to ask that person questions which relate to their involvement, or suspended involvement in that offence or …
  • you intend to ask that person more questions where the answer to questions you previously asked actually provided you with the grounds to suspect that person of the offence.
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5
Q

What is the ‘when’ caution?

A

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Do you understand.

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6
Q

What is the ‘When Plus 3 Caution’?

A

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

  • you are not under arrest
  • you are not obliged to remain here once I have obtained and verified your details.
  • you are entitled to free and independent legal advise”

Do you understand.

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7
Q

What is PAW?

A

P Persuade
A Advise
W Warn

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8
Q

What is PLANE?

A 
P Proportionate 
L Legal
A Accountable
N Necessary 
E Ethical
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9
Q

What is Section 24 A of PACE?

A person other than a constable may arrest without a warrant…

A
  1. Anyone who is in the act of committing an indictable offence.
  2. Anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
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10
Q

What is Section 24 (1) PACE?

A constable may arrest without a warrant…

A
  1. Anyone about to commit an offence
  2. Anyone whom he has reasonable grounds for suspecting to be about to commit an offence.
  3. Anyone in the act of committing an offence.
  4. Anyone whom he has reasonable grounds for suspecting to be committing an offence
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11
Q

What is Section 24 (2) of PACE?

A

If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant, anyone whom he has reasonable grounds to suspect of being guilty of it…

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12
Q

What is Section 24 (3) of PACE?

If an offence has been committed, a constable may arrest without a warrant…

A
  1. Anyone who is guilty of it

2. Anyone whom he has reasonable grounds for suspecting to be guilty of it

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13
Q

What two elements are required for a lawful arrest?

Section 24 PACE

A
  1. A persons involvement, ‘suspected’ involvement or attempted involvement in the commission of a criminal offence
  2. Reasonable grounds for ‘believing’ that the persons arrest is necessary.
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14
Q

What are the 10 necessities for arrest?

A
  1. Ascertain the persons name.
  2. Ascertain the persons address.
  3. To prevent physical injury to self or another.
  4. Suffering physical injury.
  5. Prevent loss of or damage to property.
  6. Prevent an offence against public decency.
  7. Prevent an unlawful obstruction of the highway.
  8. Protect a child or vulnerable person.
  9. Prevent any prosecution being hindered by the disappearance of the person in question.
  10. Allow a prompt and effective investigation of the offence or of the conduct of the person in question.
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15
Q

What is Code G of PACE?

A
  • requires officers to consider other practical alternatives to arrest.
  • states an officer who believes it is necessary to interview a person suspected of committing an offence must consider whether their arrest is necessary to carry out the interview.
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16
Q

What are the 5 steps for making an arrest? (As soon as reasonably practicable)

A
  1. identify yourself (warrant card)
  2. Tell them why they are under arrest.
  3. The grounds for the arrest.
  4. When caution
  5. The necessity
17
Q

Do you need to handcuff to arrest somebody?

A

No, words alone can constitute the arrest.

18
Q

When do we caution?

A

A. When there are ‘reasonable grounds’ to suspect a person has involvement in an offence, and before putting any questions or further questions to that person about that offence.
B. When a person has been arrested.
C. When charged or reported for an offence.
D. In certain other restricted circumstances.

19
Q

The procedure surrounding the cautioning of juveniles and vulnerable people?

A

If either an adult or a juvenile is suspected of being mentally unwell or vulnerable and not it the presence of an appropriate adult, the caution should be repeated upon the attendance of the appropriate adult.

20
Q

What is a significant statement?

A

One which appears capable of being used in evidence against a suspect, in particular. It could be:

  • a direct admission of guilt
  • failure or refusal to answer a question or, to answer in satisfactorily
21
Q

What is a relevant comment?

A

Includes anything that might be relevant to the offence.

22
Q

What is a significant silence?

A

A failure or refusal to answer a question, or answer satisfactorily, under caution.

23
Q

Considerations surrounding significant statements and silences?

A
  • a significant silence can only arise after a person has been cautioned.
  • a significant statement can arise at anytime.
24
Q

What is the ‘now’ caution?

A

“You do not have to say anything. But it may harm your defence if you do not mention NOW, something which you later rely on in court. Anything you do say may be given in evidence.
Do you understand?”

Used after charge or reported on summons

25
Q

What is the restricted caution?

A

“You do not have to say anything. But anything you do say may be given in evidence.”

26
Q

What is the de- arrest procedure?

A
  • if the arrest reason under which the suspect is arrested no longer applies, then that person should be released and dealt with by alternative means.
  • record your actions.
27
Q

What is a summons?

A

Brings a defendant before a magistrate court.

28
Q

What are the types of summons?

A

Defendant
Witness
Jury

29
Q

What is the procedure for summons? (8 steps)

A
  1. Grounds to suspect offence.
  2. Point out offence to suspect.
  3. Caution Plus 3
  4. Persuade, Advise and Warn
  5. Contemporaneous Note Interview
  6. Report on summons and Now caution
  7. Offer interview record to read and sign.
  8. Disposal (postal requisition etc)
30
Q

What is a warrant?

A

A warrant directs a constable to carry out a specific action.

31
Q

What are the main warrants?

A

Arrest
Commitment
European Arrest

32
Q

What is the procedure for warrants?

A
  1. Identify yourself
  2. Identify the suspect
  3. Arrest and Caution
  4. Show warrant as soon as practicable
  5. Endorse the warrant
  6. PNB entry
  7. Return the warrant
  8. Cancel on PNC
33
Q

What does it mean to be wanted?

A

A person may be described as WANTED if, during the course of an investigation, sufficient information exists for them to be interviewed as a suspect.

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