Arrest

Question 1

State when and why the, “when questioned” caution should be used.

Answer 1

• When you have grounds to suspect an offence has been committed,
• you want to ask questions regarding their involvement or suspected
  involvement in that offence as the offender.

Question 2

State when and why the, “now” caution should be used.

Answer 2

At the conclusion of the process, when a person is reported or charged with an offence

Question 3

Define the “when questioned” caution.

Answer 3

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 4

Define the “Now” caution.

Answer 4

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.

Question 5

Describe what is meant by an unsolicited comment

Answer 5

The comments cannot be ignored as they may contain information that could be used in evidence

Question 6

Describe what is meant by a relevant comment

Answer 6

A relevant comment includes anything which might be relevant to the offence

Question 7

Describe what is meant by a significant statement

Answer 7

Includes anything which could be used in evidence
against the suspect. Can be made before and after caution.

Question 8

What should you do when transporting a suspect to prison

Answer 8

Risk assessment (SCREEN)
Search Vehicle
Remove equipment
Search person
Activate child locks

Question 9

Explain the theory of cross contamination

Answer 9

Anyone who enters the scene both takes something of the scene with them and leaves something of themselves behind.

Question 10

State the police station a suspect can be taken to

Answer 10

A designated police station (One with a nick)

Question 11

Explain the detention clock under PACE 1984

Answer 11

• The maximum period of detention without charge is generally 24hrs from the relevant time.
• Detention beyond 36hrs is only permitted under PACE 1984 where a magistrates’ court issues a warrant of further detention
• Maximum detention period = 96hrs from relevant time

Question 12

State the steps to consider when dealing with drunken suspects

Answer 12

• Assess response
• Consider illness
• Call ambulance
• Duty of care

Question 13

State what the custody officer must be informed of

Answer 13

• *the relevant circumstances of the arrest – time of arrest, offence and reasons for arrest.
• why arrest was necessary
• time of arrest
• time of arrival at the station - ‘relevant time’
• use of any force or restraint used during arrest
• any knowledge of medical, religious or other needs

Question 14

State the power that the custody officer has to search a suspect.

Answer 14

Section 54 of PACE 1984

Question 15

State the legislation that gives the police powers to use force.

Answer 15

• S 117 of PACE 1984 (Reasonable force)
• Common law
• S 3 criminal law act 1967
• S76 criminal justice & immigration act 2008

Question 16

State the section of PACE 1984 that deals with further arrest.

Answer 16

S 31 PACE 1984

Question 17

State the section of PACE 1984 that deals with de-arresting.

Answer 17

Sec 30(7) PACE 1984

Question 18

State the ways in which a person can be brought before a court.

Answer 18

• By Postal Charge Requisition
• By summons
• By arrest on warrant
• By arrest without a warrant

Question 19

Outline the differences between a summary, either way or
indictable offence.

Answer 19

• Summary = triable only in magistrtaes court (95% of cases)
• Indictable = triable only in crown court
• Either way = triable at both

Question 20

State the difference between common and statute law in relation to arrests.

Answer 20

• The common law of this country, gave the power of arrest ‘to any person’ for many offences.
• A power of arrest, which is given in an Act of Parliament, is called a ‘statutory power of arrest’

Question 21

Explain the power of arrest given to police officers in PACE 1984

Answer 21

The Power to Arrest is given to officers by S24 PACE and is governed by Code G of the Codes of Practice.

Question 22

State what code of PACE 1984 gives officers a power to arrest without a warrant

Answer 22

S 24 (1) PACE 1984
S 24 (2) PACE 1984

Question 23

Explain S 24 (2) PACE 1984

Answer 23

If an officer has reasonable grounds for suspecting that an offence has been committed they may arrest anyone whom they have reasonable grounds to suspect of being guilty of it

Question 24

What section of PACE 1984 deals with powers of arrest for when an offence has been commited

Answer 24

S 24 (3) PACE 1984

Question 25

Explain the necessity criteria for making a lawful arrest.

Answer 25

• Investigation - to allow a prompt and effective investigation
• Dissapearance - to prevent prosecution being hindered by the dissapearance of a suspect
• Child - to protect a child or vulnerable person
• Obstruction - to prevent unlawful obstruction of a highway
• Physical injury - to prevent suspect causing injury to another or himself.
• Public decency - to prevent suspect causing an offence of public indecency
• Loss or damage - to prevent relevant person causing loss or damage of property
  Address - to enable the address of the relevant person to be assertained
  Name - to enable the name of the relevant person to be assertained

Question 26

State some alternatives to arrest

Answer 26

• No further action (discretion)
• caution
• youth referal
• restorative justice
• postal charge requisition
• voluntary interview

Question 27

What section of PACE deals with the powers to arrest of a non constable.

Answer 27

Section 24A(3) Police & Criminal Evidence Act 1984