Arrest

Question 1

What section of legislation contains the general powers of arrest?

Answer 1

Section 24 of the Police and Criminal Evidence Act 1984

Question 2

What is the mnemonic for the necessity of arrest and what are the components?

Answer 2

ID COPPLAN

• Investigation
• Disappearance
• Child or vulnerable person
• Obstruction of the highway
• Physical injury
• Public decency
• Loss or damage
• Address
• Name

Question 3

What makes an arrest lawful?

Answer 3

• The person has been involved, attempted to be involved or is suspected of involvement in the commission of a criminal offence

AND

• There are reasonable grounds to believe the person’s arrest is necessary

Question 4

What information must be given on arrest?

OGRC

Answer 4

• That they are under arrest
• The reason for the arrest
• The necessity for the arrest

Question 5

If you cannot inform someone that they are under arrest immediately, what must you do?

Answer 5

Inform them as soon as is practicable

Question 6

What is the caution?

Answer 6

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

Question 7

What is a warrant, in relation to arrest?

Answer 7

A written order, issued and signed by a magistrate or judge, to authorise the arrest of a person or group of people

Question 8

For what reasons, would a warrant of arrest be issued?

Answer 8

• To collect outstanding fines
• To appear at court
• To answer bail
• Failure to appear at court as a witness following a summons

Question 9

What is Section 17(1)(a) Police and Criminal Evidence Act 1984?

Answer 9

The grounds to enter or search a premises if a warrant is issued in connection with or arising out of criminal proceedings

E.g. failure to pay fines or appear at court when relating to a criminal offence

Question 10

What is Section 117 Police and Criminal Evidence Act 1984?

Answer 10

One of your use of force powers

Question 11

What is Section 30(7) Police and Criminal Evidence Act 1984?

Answer 11

If there are no longer grounds for keeping someone under arrest, they are de-arrested under this section

Question 12

What is Section 31 Police and Criminal Evidence Act 1984

Answer 12

After making an initial arrest, this section can be used to arrest them again for a separate offence