Arrest Flashcards
What is the definition of an interview?
An interview is the questioning of a person regarding their involvement or suspect involvement in a criminal offence or offences which must be carried out under caution
When is the ‘when questioned’ caution used?
Indicates an intention to ask questions about an offence
When is the ‘now’ caution used?
At the conclusion of process when a person is reported or charged for an offence
What is a relevant comment?
A relevant comment includes anything which might be relevant to the offence
What is a significant comment?
Includes anything which could be used in evidence against the suspect
What is a significant silent?
That is a silence which might give rise to inferences being drawn
What should you do when making a record?
Enter into pocket note book ASAP
Include time, date, persons present and signed by maker
Suspect given opportunity to read and sign and indicate and inaccuracies
What is cross contamination?
Anyone who entered the scene both take something of the scene with them and leave something of themselves behind
What should you do when transporting a prisoner to the police station?
- Before you put prisoner in vehicle search it in their presence
- Remove all equipment from area in vehicle that prisoner will be placed
- Activate child locks
- Never handcuff arrested person to vehicle or fixed object
- On arrival at station search the vehicle again in their presence
Define Section 136 Mental Health Act 1983
If a police officer finds a person in a public place who appears to be suffering from mental disorder and to be in immediate need of care or control the police officer may if they think it necessary to do so in the interests of that person or for the protections of other persons, remove that person to a place of safety
What should you inform the custody sergeant of?
Circumstance of arrest
Use of force
Involvement of the suspect
Necessity of arrest
Other needs
What information should be given to the suspect in cutsody?
Someone can be informed
Free independent legal advice
Consult the code of practice
View custody record
What will the custody record contain?
Personal information
Every action or decision
Every entry signed and timed
What is an appropriate adult?
Juveniles and detainees who are mental vulnerable are entitled to the support of an appropriate adult
What should you consider prior to making an arrest?
The event - what has happened?
The individuals involved
Whether there are any physical or mental ill health which requires medical attention
Any offence
The needs of the investigation process
What makes a lawful arrest?
Telling them they are under arrest
The grounds for the arrest
The necessity for the arrest
Caution ‘when questioned’
What is further arresting?
Where a second offence is identified when already under arrest you must consider the necessity test criteria. In such cases you must inform them that they are also under arrest for the other offence as well (section 31 PACE)
Define Section 30 (7) PACE 1984
De-arrest
A person arrested by a Constable at a place other than a police station shall be released without bail if a Constable is satisfied at the time before the person reaches the police station that there are no grounds for keeping him or her under arrest or releasing him or her on bail. The Constable must record the fact that this has happened.
What must you record in EPNB after an arrest?
Nature and circumstances of the offence leading up to arrest
Reasons why arrest was necessary
That a ‘when questioned’ caution was given
Anything said by that person at time of arrest
What are 4 ways a person can be brought to court?
Postal charge requisition
Summons
Arrest on warrant
Arrest without warrant
What is a summons?
It is a written order signed by a justice, magistrate or clerk of the court address to the accused person, directing them to appear at a specified time and place to answer to the offence(s) detailed in it (or to give evidence or produce exhibits)
What is a warrant?
A written document issued by a magistrate or a judge which instructs the specified persons (normally a Constable) to which it is address to do a particular act
Write out JPLANE
Justified
Proportionate
Legal
Accountable
Necessary
Ethical
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
