1-Arrest Flashcards
what is the most important statute
PACE 1984 (Police and Criminal Evidence act)
what are also used to guide when arresting
codes of practice in particular C/D
what is an arrest
start of police procedure
does an arrest need a warrant
no a police officer can suspect a crime and make an arrest
what are arrests with warrants
these are given out by the courts
what section of PACE are arrests governed by
s24- Without warrant
s24 ss 5- With a warrant
what must police officer have to make an arrest
reasonable grounds to suspect a commission of an offence. the arrest must also be necessary
what must they be told when under arrest
that they are under arrest and why (section 28 PACE)
when must someone be cautioned
on arrest or as soon as practicable code C and G
when can a non constable arrest without a warrant
when someone is suspected of an indictable offence or is committing one.
there are 4 requirements and a non constable must have one to make an arrest what are they
person causes or suffers physical injury to himself or others
loss or damage to property
to prevent leaving before police arrive
where is the caution found in pace codes of practice
Code C 10.4/ G 3.5
what is the police caution
“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.”
why is a lawful arrest important
- Suspects rights
- Must use reasonable force (s177 PACE 1984)
- Gives consent to use force by someone other than police
