Arrest Flashcards
Necessities for arrest under S24 Police and Criminal Evidence Act
The person was involved, has attempted to be involved, or is SUSPECTED of involvement in the commission of a criminal offence
Reasonable grounds to BELIEVE that the person’s arrest is necessary
What are possible grounds for arrest?
Investigation (prompt and effective) Disappearance (prevent) Child or vulnerable people Obstruction (highway) Physical injury (prevent) Public decency (prevent) Loss or damage (prevent) Address (ascertain) Name (ascertain)
Information to be given on arrest
They are under arrest Offence Reasons for arrest Necessity for arrest Caution
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 must be recorded after an arrest?
Time of caution
Any following comments
What information must be given to a suspect when giving a caution plus three?
Caution
Entitled to free and independent legal advice
They are not under arrest
They are free to leave
When is questioning after arrest allowed?
Prevent: Interference or harm to evidence Interference or harm to people Serious loss or damage to or hindrance of recovery of property Alerting suspects not yet arrested
What information should be given to the escorting officer / custody sergeant?
Reason for arrest Offence Allegation Summary of evidence Time and place of arrest
What must always be said when arresting someone, even when cautioning is impracticable?
You are under arrest