Arrest

Question 1

what is an arrest

Answer 1

process of deriving someone of their liberty by putting them into custody under lawful authority

Question 2

summons

Answer 2

a court order telling the accused to attend court at a future date

Question 3

what is an arrest with a warrant

Answer 3

court order that instructs you to arrest someone

(eg failing to appear at court, not paying a fine)

Question 4

common law

Answer 4

oldest form of law

applies to everyone and gives police and other people the same common powers of arrest

main common law power most likely to deal with is breach of the peace

Question 5

statute law

Answer 5

PACE 1984 falls under the heading of statute law

gives police and other people power to arrest under:
- indictable and summary offences (eg robbery)
- preserved powers of arrest (eg bail)

Question 6

human rights

Answer 6

article five brought into UK law
- right to liberty and security of person

Question 7

when arresting consider…

Answer 7

legality
proportionality
necessity

Question 8

summarily offence

Answer 8

least serious, petty crime

Question 9

indictable offences

Answer 9

more serious offences with stiffer penalties

Question 10

hybrid / either or offence

Answer 10

could be indictable or summarily
crime that can vary greatly in seriousness
theft burglary drug offences

Question 11

suspecting

Answer 11

based on objective facts
NOT hunch or feeling or instruction

Question 12

Believing

Answer 12

accept something as true
supported by stronger objective facts