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