Arrest Flashcards
What is arrest?
Apprehending a person and depriving them of their liberty.
To prevent the commission or repetition of an offence.
In order that they may be available to answer an allegation.
Necessity Criteria - IDCOPPLAN
Investigation Disappear Child or vulnerable person Order and discipline Physical harm Public decency Loss or damage to property Address Name
Investigation
To allow the prompt and effective investigation of the offence or of the conduct of the person in question.
'’TO ALLOW FOR A PROMPT AND THOROUGH INVESTIGATION’’
Presented false evidence, steal or destroy evidence, co suspects or conspirators, intimidate or threaten witnesses.
Allows you to search, take fingerprints, DNA etc.
Disappearence
Prevent people running away
Child or vulnerable person
To protect them from the person in question
Order and Discipline
Must keep good order and discipline
Public Decency
Making sure people behave as they should do in public.
Urinating in public etc.
Powers of Arrest
Section
The Arrest Procedure
Inform them that they are under arrest
Give them the reason for their arrest
Give the caution and explain if necessary
Give the rights of a soldier booklet
Give custody information
Give notice to suspect 811A
Ask them if they would like anyone informed of their arrest
Ask if they’d like any legal advice
Ask of they’d like an assisting officer - a higher rank to help them thorough the process (Sgt to above)
Record everything in the Service Police Notebook
The Arrest
I am arresting you under Section (Relevant Section) of the Armed Forces Act 2006 for alleged (Give offence) that occurred (Give place, date, time) when (Give brief detail of offence).
The necessity for this arrest is to allow for a prompt and thorough investigation.
The 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 if court. Anything you do say may be given in evidence. Do you understand?
Second Caution
Is given at the end of an interview to allow them to make any final comments. After that, they cannot say anything further for use in the investigation.