Arrest Flashcards
State when and why the, “when questioned” caution should be used.
- 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.
State when and why the, “now” caution should be used.
At the conclusion of the process, when a person is reported or charged with an offence
Define 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.
Define 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.
Describe what is meant by an unsolicited comment
The comments cannot be ignored as they may contain information that could be used in evidence
Describe what is meant by a relevant comment
A relevant comment includes anything which might be relevant to the offence
Describe what is meant by a significant statement
Includes anything which could be used in evidence
against the suspect. Can be made before and after caution.
What should you do when transporting a suspect to prison
Risk assessment (SCREEN)
Search Vehicle
Remove equipment
Search person
Activate child locks
Explain the theory of cross contamination
Anyone who enters the scene both takes something of the scene with them and leaves something of themselves behind.
State the police station a suspect can be taken to
A designated police station (One with a nick)
Explain the detention clock under PACE 1984
- 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
State the steps to consider when dealing with drunken suspects
- Assess response
- Consider illness
- Call ambulance
- Duty of care
State what the custody officer must be informed of
- *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
State the power that the custody officer has to search a suspect.
Section 54 of PACE 1984
State the legislation that gives the police powers to use force.
- S 117 of PACE 1984 (Reasonable force)
- Common law
- S 3 criminal law act 1967
- S76 criminal justice & immigration act 2008
State the section of PACE 1984 that deals with further arrest.
S 31 PACE 1984
State the section of PACE 1984 that deals with de-arresting.
Sec 30(7) PACE 1984
State the ways in which a person can be brought before a court.
- By Postal Charge Requisition
- By summons
- By arrest on warrant
- By arrest without a warrant
Outline the differences between a summary, either way or
indictable offence.
- Summary = triable only in magistrtaes court (95% of cases)
- Indictable = triable only in crown court
- Either way = triable at both
State the difference between common and statute law in relation to arrests.
- 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’
Explain the power of arrest given to police officers in PACE 1984
The Power to Arrest is given to officers by S24 PACE and is governed by Code G of the Codes of Practice.
State what code of PACE 1984 gives officers a power to arrest without a warrant
S 24 (1) PACE 1984
S 24 (2) PACE 1984
Explain S 24 (2) PACE 1984
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
What section of PACE 1984 deals with powers of arrest for when an offence has been commited
S 24 (3) PACE 1984
Explain the necessity criteria for making a lawful arrest.
- 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
State some alternatives to arrest
- No further action (discretion)
- caution
- youth referal
- restorative justice
- postal charge requisition
- voluntary interview
What section of PACE deals with the powers to arrest of a non constable.
Section 24A(3) Police & Criminal Evidence Act 1984
Define Section 24(1) PACE 1984
A constable may arrest without warrant anyone who:
is about to commit an offence
is in the act of committing an offence
They have reasonable grounds to suspect to
be:
a) about to commit an offence or
b) in the act of committing an offence
Define Section 24(2) PACE 1984
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
Define Section 24(3) PACE 1984
If an offence has been committed, an officer may arrest anyone who:
a) is guilty of the offence
b) they have reasonable grounds for suspecting to be guilty of it
