Arrest Flashcards
Caution given on arrest
‘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.’
Legal justification for use of force
Section 3(1) of the Criminal Law Act 1967 any person may use reasonable force in the prevention of crime, effecting/assisting in a lawful arrest
Section 117 of PACE 1984 an officer may use reasonable force to exercise any power under PACE
Special warnings
A special warning should be given in respect of questions relating to:
Objects, substances or marks found in someone’s possession or in any place where that person was arrested;
The presence of a person in a place when arrested.
If the person fails to give a reasonable account of their possession or presence then, at their trial, an adverse inference may be drawn.
Section 30 of PACE Act
Section 30(7a) and (8) of PACE provides that: ‘A person arrested by a constable at a place other than a police station shall be released if a constable is satisfied before the person reaches a police station that there are no grounds for keeping him or her under arrest’
Section 31 of PACE arrest
When a person already under arrest is suspected of a further offence or where:
(a) a person:
(i) has been arrested for an offence
(ii) is at police station in consequence of that arrest
(b) it appears to a constable [or designated person] that, if he were released from that arrest, he would be liable to arrest for some other offence,
He shall be arrested for that other offence
Search after arrest
A constable may search a person who has been arrested at a place other than a police station, if the constable has reasonable grounds for believing the arrested person may:
- Present a danger to themselves or others
- Have concealed on them anything which they might use to assist themselves to escape from lawful custody
- Have concealed on them anything which might be evidence relating to an offence
Search at the police station
The custody officer at a police station shall ascertain everything which a person has with him/her when s/he is:
(a) brought to the station after being arrested…
