Arrest Flashcards

1
Q

What is arrest?

A

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.

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2
Q

Necessity Criteria - IDCOPPLAN

A
Investigation
Disappear
Child or vulnerable person
Order and discipline
Physical harm
Public decency
Loss or damage to property
Address
Name
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3
Q

Investigation

A

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.

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4
Q

Disappearance

A

Prevent people running away

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5
Q

Child or vulnerable person

A

To protect them from the person in question

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6
Q

Order and Discipline

A

Must keep good order and discipline

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7
Q

Public Decency

A

Making sure people behave as they should do in public.

Urinating in public etc.

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8
Q

Powers of Arrest

A

Section 69 AFA - Anticipation arrest (lift and shift)
Section 24A PACE Act - Civilian Arrest
Section 110 AFA - CO’s Power of arrest
Section 111 AFA - JA’s Power of Arrest
Section 303 AFA - Power to Arrest unlawfully at large

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9
Q

Section 69 AFA

A

Anticipation arrest (lift and shift)

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10
Q

Section 24A PACE Act

A

Civilian Arrest

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11
Q

Section 110 AFA

A

CO’s Power of Arrest

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12
Q

Section 111 AFA

A

JA’s Power of Arrest

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13
Q

Section 303 AFA

A

Power to Arrest unlawfully at large

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14
Q

Section 70 AFA

A

Search Upon Arrest

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15
Q

Section 90

A

Allows SP authority to enter RRP

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16
Q

Section 97

A

Power to use reasonable force to enter RRP

17
Q

For a SP to carry out an arrest under the AFA, what 2 elements are required to make the arrest justifiable and lawful?

A

A person’s suspected, attempted or seen involvement in the commission of an offence – evidence
Reasonable grounds to believe that the arrest is necessary

18
Q

Within Code C of SPCOP what are the 3 rights that an arrested person may exercise at any point during their detention?

A

Right to legal advice
Inform someone about the arrest
Can look at SPCOP

19
Q

General Defences

A
Automatism
Insanity
Mistake
Involuntary Intoxication
Self defence
Duress
Use of force in prevention of crime
Necessity
20
Q

Thrive+

A
Threat
Harm
R
I
V
E
\+
21
Q

Defences for the use of force - PLEASESC

A
Prevention of Crime
Lawful correction
Execution of legal sentencing
Arrest
Self defence
Execution of lawful duty 
Sport
Consent