Arrest Flashcards
What is a lawful arrest
A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; AND
Reasonable grounds for believing that the person’s arrest is necessary.
What is the I from IDCOPPLAN
Prompt and effective investigation of the offence or of the conduct of the person in question
What is the D in IDCOPPLAN
Prevent any prosecution of the offence being hindered by the disappearance of the person in question
What is the C in IDCOPPLAN
Protect a child or venerable person
What is the O in IDCOPPLAN
Prevent unlawful obstruction of the highway
What is the P in IDCOPPLAN
Prevent the person causing physical injury to himself or any other person, or suffering physical injury
What is the 2nd P in IDCOPPLAN
Prevent offence against public decency
What is the L in IDCOPPLAN
Prevent loss of or damage to property
What is the A in IDCOPPLAN
Address not ascertained or provided
What is the N in IDCOPPLAN
Name not assertained
What grounds are needed for a lawful arrest?
The grounds for making an arrest are that a constable has reasonable grounds to suspect that a person is committing, has committed or is about to commit an offence and, reasonable grounds to believe the arrest is necessary.
Under section 28 of PACE 1984 what information should an arresting officer tell an arrested person?
- that they are under arrest
- for what offence
- the grounds of the arrest
- the necessity of that arrest
What power do you use to arrest without warrant
Section 24 (1) PACE
Police actions must be - PLAN. What is the P?
Proportionate
Police actions must be - PLAN. What is the L?
Legal / Legitimate
Police actions must be - PLAN. What is the A?
Accountable
Police actions must be - PLAN. What is the N?
Necessary
PC LEE sees a teenager walking out of an address at which a burglar alarm is sounding. This young person is not particularly cooperative when PC LEE speaks to him, and tries to leave. PC LEE arrests this person on suspicion of burglary, using the power under s24 of PACE. In fact the teenager lives there and no burglary had taken place. Was this arrest lawful?
Yes
There were reasonable grounds to suspect an offence and that the teenager had committed it.
PC CORBETT arrests a drunk male who initially struggles and actively resists arrest. In the process PC CORBETT doe snot caution the male due to his behaviour. The male calms downjust as the van arrives and he is then transported to the police station and cautioned when he is booked in. Is the arrest in breach of the relevant code of practise on cautioning suspects?
Yes
He could have been cautioned before placing in the van, when he calmed down
If an officer cautioned a suspect, questioned them for a few minutes and then arrested them, would they need to caution at the time of making this arrest?
No
Arrest necessity, must an officer believe or only suspect that the arrest is necessary?
Believe
Does the power to arrest, to prevent a breach of the peace come from PACE?
No
What is the difference between ‘reasonable grounds to suspect’ and ‘reasonable grounds to believe’?
To suspect something is to think that it is probably true, although you are not certain.
To believe something is a stronger and more concrete conclusion.
What are the four reasons for a citizens arrest under section 24A of PACE 1984?
- An offender causing physical injury or suffering physical injury
- An offender causing criminal damage to property
- If the offender is likely to make off prior to police arriving
- That the offence is an indictable offence
When can a citizen arrest?
When a citizen has witnessed something that has happened or is happening.
What should an officer consider before making an arrest?
- If an offence has been, is being or is about to be committed.
- Are the reasonable grounds to suspect the persons involvement.
- Is the arrest necessary.
What power can a non warranted person arrest? (Citizens arrest)
Section 24a of PACE 1984
Under section 28 of PACE 1984 what information does an officer have to give to an arrested person to make the arrest lawful?
- to tell him / her they are under arrest
- for what offence
- the grounds of the arrest
- and the necessity of the arrest
What is an arrest?
The taking of a person’s liberty in order to answer an alleged offence.
In what percentage are ‘reasonable grounds to suspect’?
25% grounds for suspicion
In what percentage are ‘reasonable grounds to believe’?
75% grounds to believe
What is the arrest procedure?
- that they are under arrest
- for what offence
- the grounds of the arrest
- the necessity of that arrest
