Alternative options to arrest Flashcards
What alternative options are there to arrest?
- No further action, words of advice - Words of warning
- Fixed Penalty Notice
- Street warnings
- Summons
- VISP - Voluntary Interview Suspect Procedure
Explain the Words of Warning option
(e.g. ASB, lights out, speeding within reason)
o Must only do this if it is safe to do so – demand, threat and risk
Explain the Fixed Penalty Notice option
e.g. Road traffic act offences, local ones too o Over 18 o Simple Offences o Compliant and Accept PND o Understand PND o UK National or reside in the UK o Establish Suspect identity o Able to Pay o Does not need to admit o Currently only for Cannabis!!
Explain the Street Warning option
• Street warnings (e.g. cannabis) check force for regional reference (CR1)
o 18 or over
o Possession for personal use – no evidence of dealing or possession with intent to supply
o Reasonable suspicion that an offence of cannabis possession has been committed and there is sufficient evidence for a realistic prospect
Explain the Summons or Postal Charge (PCR) option
o It enables the police (and other public prosecutors) to issue a written charge and send a requisition by post, requiring the defendant to attend court on a specific date to answer the charge
o It will make the process of bringing an offender before the court quicker
o For offenders who would normally be charged and bailed to return to the police station, it will free up time spent in the custody suite, allowing officers to concentrate on other duties.
Explain the Voluntary Interview Suspect Procedure option
VISP - Voluntary Interview Suspect Procedure
o Not under arrest
o The volunteer assists the police with their enquiries
o Voluntary attendance
o If a suspect refuses to be interviewed or requests that the interview is terminated, then the Investigative Officer MUST end the interview and either leave or allow the suspect to leave or consider arresting the suspect if Code G PACE applies
o Takes place at police station
o Interview will be recorded and will take place under caution – may be used as evidence
o Right to access independent legal advice
o Free to leave at any time
What are the police service obligations and considerations relating to suspects?
Effectively engage with victims, witnesses, suspects and the vulnerable, in accordance with equality, diversity and human rights considerations, to provide initial support, direct towards relevant services, establish relationships and
Name the different Disposal options available to use
- Cannabis caution
- Further investigation
- Restorative justice (RJ)
- Community resolution
- Fixed Penalty Notice (FPN)
- Youth Caution
- Adult Caution
- Youth Conditional Caution
- Adult Conditional Caution
- Traffic disposals
Explain the Cannabis caution disposal option
o Adult (18+)
o NOT a vulnerable person
o NOT under the influence of drink or drugs at the time the cannabis warning or PND is being issued
o Is capable of understanding the significance of the questions put to them and their replies
o In possession of small amount consistent with personal use
o Personal details have been satisfactorily verified
o Admits the offence (cannabis warning only)
Explain the Restorative justice (RJ) disposal option
o Defined as a process through which parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future.
o Can take the form of victim-offender mediation either through direct contact between the offender and victim or indirect communication involving third parties.
o It can also involve restitution or reparation where this is agreed between offenders and their victims.
o The aims of RJ are commonly stated to be:
Victim satisfaction: To reduce the fear of the victim and ensure they feel ‘paid back’ for the harm that has been done to them.
Engagement with the perpetrator: To ensure that they are aware of the consequences of their actions, have the opportunity to make reparation, and agree a plan for their restoration in the community.
Creation of community capital: To increase public confidence in the criminal justice system and other agencies with a responsibility for delivering a response to anti-social behaviour
Explain the Community resolution disposal option
o Can be instant, deferred or involve RJ
o Victim must be consulted
o Offender must be eligible (no previous)
o Offender accepts responsibility for their actions
o Does not result in a criminal record
o The decision and rationale must be recorded (see WC 201R)
2nd Community Resolution may be offered if:
- An intervention could prevent re-offending;
- Officer refers offender to SPOC
- Referral authorised by appropriate supervisor…
Explain the Fixed Penalty Notice (FPN) disposal option
o Over 18 o Simple Offences o Compliant and Accept PND o Understand PND o UK National or reside in the UK o Establish Suspect identity o Able to Pay o Does not need to admit o Currently only for Cannabis!!
Explain the Youth Caution disposal option
• Youth caution
o formal warning that is kept on record by the police.
o It can be given to young people under the age of 18 who have committed a criminal offence.
•
Explain the Adult Caution disposal option
Adulty caution
o non-statutory, non-conviction disposal for adult offenders aged 18 or over.
o Simple cautions are normally issued by the police at a police station.
o A simple caution is not the same as a conviction but can have significant consequences
Explain the Youth Conditional Caution disposal option
• Youth condition caution
o Conditional caution for summary only and either-way offences (not DA/Hate Crime .. Unless authorised)
o Breaches of Conditional Cautions must result in a postal charge for the original offence
o where the offender admits the offence; or where they offer a ‘no comment’ interview
o **Can be offered where the offender has previous disposals and set more than one condition
