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.
Disappearance
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 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
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
Section 70 AFA
Search Upon Arrest
Section 90
Allows SP authority to enter RRP
Section 97
Power to use reasonable force to enter RRP
For a SP to carry out an arrest under the AFA, what 2 elements are required to make the arrest justifiable and lawful?
A person’s suspected, attempted or seen involvement in the commission of an offence – evidence
Reasonable grounds to believe that the arrest is necessary
Within Code C of SPCOP what are the 3 rights that an arrested person may exercise at any point during their detention?
Right to legal advice
Inform someone about the arrest
Can look at SPCOP
General Defences
Automatism Insanity Mistake Involuntary Intoxication Self defence Duress Use of force in prevention of crime Necessity
Thrive+
Threat Harm R I V E \+
Defences for the use of force - PLEASESC
Prevention of Crime Lawful correction Execution of legal sentencing Arrest Self defence Execution of lawful duty Sport Consent