Arrest Flashcards
Which of the following is incorrect powers of arrest?
a. arrest under warrant
b. Common law power of arrest.
c. statutory arrest without a warrant.
d. arrest without a warrant.
d. arrest without a warrant.
When does the common law power of summary arrest remain?
a. theft
b. assault
c. breach of the peace
d. public intoxication
c. breach of the peace
Who can exercise the common law power of summary arrest for the common law offence of breach of the peace?
A citizen and the Gardaí
When can the power of summary arrest for common law offence of breach of the peace be exercised?
a. A person who has or is committing in their presence?
b. Someone they reasonably believe is going to commit the offence in the immediate future
c. Someone they think may commit the offence at some point.
d. (a) and (b)
d. (a) and (b)
a person who has or is committing offence in their presence or someone they reasonably believe is going to commit the offence in immediate future.
Name two statutory provisions for arrest without a warrant for a range of offences?
Section 4 of Criminal Law Act 1997
Section 30 of the OASA 1939 – (amended by Crim. Just Act 2005)
What is the authority for definition of an arrest able offence that is applicable to section 4 of the Criminal Law Act 1997?
a. an offence for which a person of full capacity and not previously convicted may, under or by virtue of any enactment or common law be punished by imprisonment for a term of 5 years or by more severe penalty and includes an attempt to commit such an offence
b. an offence for which a person not previously convicted may, under or by virtue of any enactment or common law be punished by imprisonment for a term of 3 years or by more severe penalty and includes an attempt to commit such an offence
c. an offence for which a person of full capacity may, under or by virtue of any enactment or common law be punished by imprisonment for a term of 6 years or by more severe penalty and includes an attempt to commit such an offence
d. None of the above.
a. an offence for which a person of full capacity and not previously convicted may, under or by virtue of any enactment or common law be punished by imprisonment for a term of 5 years or by more severe penalty and includes an attempt to commit such an offence-
s 2 of the Criminal Law Act 1997
Which is not one of the three factors determining reasonable suspicion?
a. amount of info available
b. sources of information
c. circumstances information provided.
d. credibility of the sources.
c. circumstances information provided.
What powers does Section 30(2) of the Offences Against the State Act 1939 give to a member of the Gardaí?
a. Search all Vehicles and Vessels they deem appropriate.
b. Search vehicles which they suspect to contain persons whom they are entitled to arrest;
c. Search vessels which they suspect to contain persons whom they are entitled to arrest;
d. Search vehicles and vessels which they suspect to contain persons whom they are entitled to arrest?
d. Search vehicles and vessels which they suspect to contain persons whom they are entitled to arrest?
What is an arrest?
Seizure or touching of a person’s body accompanied by a form of words which indicate to that person that he is under restraint.
What is necessary to effect an arrest?
a. Physical contact
b. Words that are calculated to bring, and do bring, to the persons’s notice that they are under restrains and they submitted to the compulsion.
c. Must inform the person being arrested of the factual basis for the arrest and the legal authority for it.
d. (b) and (c)
e. all of the above
d. (b) and (c)
Is the following true to be best practice when effecting an arrest;
* show the suspect their identification if not in uniform;
* place a hand on the suspect’s shoulder;
* tell the suspect in plain language that they are under arrest and for what offence (also a legal requirement); and
* caution the suspect (also a legal requirement) using the words:
“You are not obliged to say anything unless you wish to do so but what ever you say will be taken down in writing and may be given in evidence.”
Any reply (or silence) to the caution must be recorded exactly in the Garda’s notebook and the suspect should be asked to sign it as a true record. Any refusal to sign the note book should be recorded by the arresting Garda.
True
