Apply, Procedures and rules for Cautions and Arrests Flashcards
When was the Police and Criminal Evidence Act (PACE) originally published?
1984
What does Code G, Section 24 PACE state?
Power of arrest WITHOUT a warrant
Name the 3 different types of Caution
When questioned
Now
Restricted
What is the when questioned 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.
What is the now caution?
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.
What is the restricted caution?
You do not have to say anything but anything you do say may be given in evidence.
Who must be given the when caution?
Someone suspected of an offence and whom you wish to ask questions relating to that offence - interview
An arrested person – unless it is not reasonably practicable to do so at the time.
Who must be given the now caution?
When being charged e.g. traffic offences – penalty notice given etc
Can give when caution ask questions and then give now caution
Who must be given the restricted caution?
European arrest warrant
If info is needed there and then if someone’s life is in danger / info is URGENT
What information should be recorded when making a record of a caution?
A record should be made when a caution is given and recorded in the officers pocket notebook or the interview record • Time and date • Location • Who’s present • Any reply given by suspect • Offence and reply’s or no reply made
What should you consider before making an arrest?
- Legal authority
- Grounds – CASUAL LINK OF THAT PERSON TO THAT OFFENCE
- Best course of action
- What ‘Human rights’ principles should be considered?
What are the 2 required elements to make a lawful arrest under Code G, section 24 PACE?
- A persons involvement or suspected involvement or attempted involvement in the commission of a criminal offence
AND
- Reasonable grounds for believing that the persons arrest is necessary
A constable may arrest without warrant (s.24 (1)) …
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence
- Anyone whom he has reasonable grounds for suspecting an offence has been committed and that a particular person is guilty of the offence
What is meant by ‘reasonable’?
A reasonable conclusion is one that one or more people would agree on as a result of the same personal experience or understanding. It is a practical, level-headed and logical result
What is meant by ‘grounds’?
Grounds for something include a reason or argument for a thought to exist
What is meant by ‘to suspect’?
To suspect something is to think that it is probably true, although you are not certain
What is meant by ‘to believe’?
To believe something is a stronger and more concrete conclusion
What must reasonable grounds be based on?
MUST be based on objective facts - DO NOT ASSUME
• Include their behaviour, in addition to,
• Time and place, and/or
• Any property they are carrying, and/or
• Information gained from a witness
Powers of arrest are only exercisable if…
the constable has reasonable grounds for BELIEVING that it is necessary to arrest the person because one or more of the 10 reasons is satisfied.
You must have an offence first, or suspicion of an offence, then you must support the need to arrest using one or more of the arrest reasons.
State the 14 reasons an arrest is deemed necessary
- Prevent a child from harm
- Prevent a vulnerable person from harm
- Prevent an obstruction of the highway
- Prevent injuring themselves
- Prevent them suffering an injury
- Prevent injuring others
- Prevent an offence against public decency
- Prevent loss of property
- Prevent property damage
- If their address not suitable for service if a summons
- If their address is not ascertainable
- If their name is not ascertainable
- Prevent their disappearance
OR an arrest is believed necessary for a Prompt and effective investigation*
State the extra reasons for an arrest under a Prompt and effective investigation
- Because you believe they have made false statements
- Because they have made statements that are not readily verifiable
- Because you believe they have presented false evidence
- Because you believe they may steal evidence
- Because you believe they may destroy evidence
- Because you believe they may contact co-suspects
- Because you believe they may contact co-conspirators
- Because you believe they may intimidate witnesses
- Because you believe they may contact witnesses
- Because you believe they may threaten witnesses
- Because you wish to question the suspect and they have stated they will not make themselves available to have those questions put in interview
- Because the offence is indictable and you want to search premises they control
- Because the offence is indictable and you want to search the premises they were immediately before the their arrest
- Because the offence is indictable and you want to search their person
- Because the offence is indictable and you want to prevent them making contact with others
- Because the offence is recordable and you want to take their fingerprints
- Because the offence is recordable and you want to take their footwear impressions
- Because the offence is recordable and you want to take forensic samples from the suspect
- Because you want to take photographs of the suspect
- Because you want to search the suspect
- Because you want to examine the suspect
- Because you want to ensure compliance with statutory drug testing requirements
- Because you wish to give a special warning
- Because the offence is indictable and you will need to detain the person for more than 24 hours before possible charge
What are the 6 things in law that you must say/ do when someone is under arrest?
- Point out offence
- Tell them under arrest
- Grounds of arrest
- Caution
- Necessary / necessity - believe it is necessary to arrest them
- Record any reply or no reply
State the 9 reasonable grounds for an arrest
COP PLANDED
Child – Protect child or other vulnerable person
Obstruction – obstructing the highway
Physical injury – Prevent loss or damage of property
Public decency – Prevent public decency
Loss or damage – Prevent loss of Life and limb
Address – Ascertain correct address
Name – Ascertain correct name
Effective – Effective and prompt investigation*
Disappearance – Prevent disappearance of suspected offender
Every effort should be made to deal with the matter without arrest, how do we go about this?
PAW
• Persuading
• Advising and even,
• Warning
When can you de-arrest, what to do and why?
Any person arrested other than at a police station must be realised if there are no longer any grounds for keeping them under arrest. SECION 30 (7A) AND (8) PACE 1984)
Must make a note in PNB with: • Time, date, location • Subjects details • Reason for de-arrest • Subsequent actions
If in sight of custody door, can NO LONGER de-arrest. Curtilage of police station.
State and explain the 3 types of offences
SUMMARY ONLY CASES = Magistrates court only e.g. dropping litter
EITHER WAY OFFENCES = Can be heard at either Magistrates OR Crown Court e.g. theft
INDICTABLE OFFENCES = offences that can only be heard at Crown court e.g. murder
What is a warrant?
A warrant is a formal written document issued by a magistrate or judge that authorises the arrest of a named individual or a group of people.
There is a power of entry under s 17 1a PACE to search a premises to execute an arrest warrant issued ‘in connection with or arising out of criminal proceedings’.
What must a constable do when executing a warrant?
• Upon receipt of the warrant, the warrant will direct the constable to complete an action.
• The constable must read, understand an ensure it has been signed by a justice.
o Complete all relevant checks in regards to warrant and suspect
• Select an appropriate time
• Establish and confirm the identity of the named person.
• Conduct a risk assessment – THRIVE
• Once executed, the officer must sign the warrant and ensure all electronic versions of the warrant are cancelled on PNC.
• Show the warrant to the subject if practicable.
• Make a record in PNB
Explain the use of force during an arrest…
The use of force may be required during an arrest, but this must be reasonable (Section 117 – PACE 1984) and must have an honest belief that the force was appropriate under the circumstances.
MUST BE LEGAL, PROPORTIONATE AND REASONABLE, accountable, necessary, least impactive
What steps should be taken before use of force?
- Level of force used must be reasonable for the resistance encountered in a confrontation
- Lower force options must have been attempted and failed or considered as inappropriate in the circumstances
Once an arrest has occurred, what does section 32 PACE state?
A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.
