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Police Revision 2 > Arrest and caution > Flashcards

Arrest and caution Flashcards

0
Q

What should the custody officer tell the suspect at the station?

A
  • The codes of practice
  • That they are entitled to free legal advice
  • That they have the right to inform someone where they are
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1
Q

Duty of care to suspects and their rights -

What do we need to tell a suspect on arrest?

A

That they are under arrest
The grounds for the arrest
The necessity of the arrest (use IDCOPPLAN)

Then caution them

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2
Q

What is a summons?

A

A court order that tells someone to attend court on a future date

It can be a witness or a defendant summons

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3
Q

How can a summons be served?

A

In person, or by post, or can leave with another person at the last known abode

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4
Q

What is a warrant?

A

A court order which directs a Pc to carry out a specific action

A commitment warrant - instructs the police to take someone to prison

An arrest warrant - may be issued to arrest someone for an offence or for failure to answer a summons or an extradition warrant.

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5
Q

What must be done when a warrant has been executed?

A

it must be cancelled on the PNC

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6
Q

Why must you consider when arresting someone?

A

PLN (plan without the A)

Proportionality (reasonable grounds)
Legality (powers of arrest)
Necessity (necessity to arrest

  • is arrest the best course of action? Could you just report the person for summons ?
  • do you have the grounds for arresting?
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7
Q

What article of human rights are you depriving someone lawfully when you arrest?

A

Article 5 - the right to liberty and security.

You can only deprive someone of this in certain circumstances - a lawful arrest.

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8
Q

Where do - PC’s powers of arrest come from when there is no warrant for the arrest?

A

S.24 pace 1984

Powers Relate to any offence (indictable or summary)

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9
Q

Can you arrest someone for attempting to commit a summary offence?

A

No.

You either commit a summary defence or you don’t. There is no inbetween.

The only exception is when a ‘statutory attempt’ is written into an act - this means someone can attempt to commit a statutory (ie drink and drive)

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10
Q

Can you arrest someone for attempting to commit an indictable offence?

A

Yes.

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11
Q

Examples of indictable offences?

A
  • Possession /supply unlawful drugs
  • criminal damage
  • robbery
  • burglary
  • deception offences
  • making of without payment
  • possession of offensive weapon
  • going equipped
  • aggravated vehicle taking
  • death by dangerous driving
  • manslaughter
  • rape
  • murder
  • theft
  • indecent exposure
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12
Q

Examples of summary offences?

A
  • Public order offences S5,4,4a
  • Battery
  • common assault
  • careless driving
  • dropping litter
  • obstructing a police officer
  • drunk in a public place
  • assaulting a police officer
  • TWOC
  • driving whilst disqualified
  • careless and inconsiderate driving
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13
Q

Under S.24 pace - what are the 2 criteria required for the lawful arrest if a person?

A

1) a persons involvement, suspected involvement or attempted involvement in the commission of (carrying out) a criminal offence
2) reasonable grounds for believing that the persons arrest is necessary

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14
Q

What constitutes reasonable grounds for suspicion?

A

Based on objective facts that another person can evaluate. (Eg: a time/place where a person is/ has been, property they are carrying, info from a witness, intel.

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15
Q

What is suspicion?

A

Someone involved in an offence

- based on objective facts

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16
Q

What is belief?

A

When you accept something as true.

-supported by stronger objective facts

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17
Q

What does s.24 pace cover (subsections 1a-d and 2&3)

A

S.24 (1) ‘A constable may arrest without warrant’;

a) anyone who is about to commit an offence (ie spray can in hand about to graffiti a wall)
b) anyone who is in the act of committing an offence (ie someone in act of stealing)
c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence (ie someone in car park peering in car with bunch of skeleton keys)
d) anyone whom he has reasonable grounds for suspecting to be committing an offence (ie someone who looks like they are dealing drugs)

S.24 (2) ‘If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant anyone whom he had reasonable grounds to suspect if being guilty of it’ (ie suspect someone taking drugs due to their behaviour and drug paraphernalia you find on them)

S.24 (3) ‘If an offence has been committed, a constable may arrest without a warrant;

a) anyone who is guilty of the offence (ie someone commuted arson ad admitted involvement)
b) anyone whom he has reasonable grounds for suspecting to be guilty of it (ie if theft committed and you have reasonable grounds to suspect someone is guilty of it as you find the stolen priority on them)

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18
Q

There are Various reasons why you may arrest someone, such as?

A 
To answer an alleged charge
To prevent BoP
To take samples / fingerprints
To bring someone to court
To return someone to prison
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19
Q

What are the 10 reasons for an arrest (in pace)

A

S.24 (5 a-f) in short:

S.24 (5a) : ascertain name
S.24 (5b) : ascertain address
S.24 (5c) :
i) cause injury
ii) suffer injury
iii) causing log or damage to property
iv) committing offence against public decency
v) causing obstruction of the highway
S.24 (5d) : protect a child or other vulnerable person
S.24 (5e) : allow prompt and effective investigation of the offence
S.24 (5f) prevent prosecution from being hindered by disappearance

Full version:
S.24 (5a) ‘to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the persons name, or has reasonable grounds for doubting whether a name given by the person as his name is the real name)

S.24 (5) The reasons are…

5b) correspondingly as regards the persons address

5c) to prevent the person in question;
5c. i) causing physical injury to himself or any other person

5c. ii) suffering physical injury (ie drunk person may not intend to cause injury but possible may do so)
5c. iii) causing loss or damage to property
5c. iv) committing an offence against public decency (ie man deliberately exposing penis to public - public must be going about daily business and not able to about the suspect)
5c. v) causing an unlawful obstruction of the highway

S.24 (5d) to protect a child or other vulnerable person from the person in question (ie child in care of drunken mum)

S.24 (5e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question (ie if someone makes false statement or gives false evidence or makes contact with witnesses or other suspects)

S.24 (5f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question (ie if believe person will fail to attend court if they are not arrested)

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20
Q

What mnemonic helps to justify our decisions to male an arrest!

A

IDCOPPLAN

Investigation - cant conduct a prompt an effective investigation ants other way

Disappearance - good grounds to aspect person will disappear or fail t o attend court

Child - arrest is necessary to protect a child or vulnerable person

Obstruction - to prevent an obstruction of the highway

Physical injury - necessary to prevent a person causing physical injury to self or others

Public decency - necessary to prevent public indecency

Loss or damage To property - necessary to prevent loss/damage or further loss/damage to property

Address - if address of suspect not known and can’t be readily ascertained

Name - if name of suspect not known and can’t be readily ascertained, or name given is suspected false

You must use at least one, better If can use more than 1, of the above justifications when arresting someone

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21
Q

What must a person be told when they are arrested? Under S28 pace.

A

That they are under arrest

The grounds for the arrest

The reason(s) for the arrest being necessary (give all applicable reasons form IDCOPPLAN)

Then you caution them!

Record the time and any reply they make.

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22
Q

Why is it useful to say the time out loud when arresting someone?

A

Any witnesses will hear this and be able to corroborate this in court

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23
Q

Under what act is the ‘any person’ powers of arrest?

A

S.24(a) pace 1984

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24
Q

What can members of the public lawfully arrest for?

A

Anyone who is in an act of committing an indictable offence

Anyone whom he/she has reasonable grounds for suspecting to be committing an indictable offence

Anyone who is guilty of the offence

Anyone whom he/she has reasonable grounds for suspecting to be guilty of it

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25
Q

What can’t members of the public arrest for?

A

Summary offences

Anyone who is ‘about to’ commit an indictable offence

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26
Q

A member of the public can arrest a person to to prevent them doing what?

A
  • Causing physical injury
  • Suffering physical injury
  • Causing loss/damage to property
  • Making off before PC can assume responsibility for them
  • If it appears that it is not reasonably practicable for a PC to make it
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27
Q

What act covers de-arrest?

A

S.30 (7,7a &8) pace 1984

‘A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station that there are no grounds for keeping him or her under arrest or releasing him/her on bail. The constable must record the fact that this has happened’

Example: if you arrest as person won’t give their name, then they give you it on the way to the station)

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28
Q

What gives you the Power to search a person under arrest?

A

S.32 PACE 1984

’ 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 that 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 to an offence’

S32 goes on to say that you cans with any premises that person was in at the time of arrest or immediately before the arrest (however it must be an indictable offence and the search must be conducted in relation to that specific offence)

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29
Q

What gives you the power to search premises following an arrest?

A

S32 pace 1984

Says that you can search any premises that the person was in at the time of arrest or immediately before the arrest.

You must be searching in relation to an indictable offence and only be searching in relation to that specific offence

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30
Q

What gives you the power to seize evidence found when conducting a search?

A

S19 PACE 1984

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31
Q

What does the custody officer need To know when you take in an arrested person? Mnemonic?

A

ROAST

Reason for arrest
Offence(s) arrested for
Allegation
Summary
Times
32
Q

What gives you the powers to search an arrested person at the station?

A

S.54 pace 1984.

A custody officer has a duty to ascertain what property the person has on them when they come into
Custody
and safekeeping of such property which is taken from a detainee and remains in the police station.

S54 allows the custody officer to seize any property from the detainee

Therefore you would need to search
The suspect again at the station

33
Q

The custody officer will tell the person their rights while they are at the station, why are these rights?

A

Right to legal advice
Right to read the codes of practice
Right to have someone notified that they are at the station

They will also ascertain if the person needs any Medical assistance/ an interpreter/ dietary requirements etc

35
Q

What are the 3 ways to being someone to court?

A

Summons (court order which tells the accused to attend court at a future date)

Arrest with a warrant (a court order instructing you to arrest someone)

Arrest without warrant (when sure you have the necessary powers to arrest under common or statute law)

36
Q

What section of pace gives you the power to enter and search a premises for the purpose of arresting someone?

A

S17

37
Q

whose decision is it to arrest someone?

A

Yours and yours alone

38
Q

What other options do you have before resorting to making an arrest?

A

PAW - persuade, advise, warn

Or you could issue a PND, an ABC or a summons

Use your discretion

39
Q

What mnemonic helps you to ensure that your decision to arrest is justifiable?

A

PLAN

Proportionate
Legal
Accountable
Necessary

40
Q

What impact should you think about when making an arrest?

A

The impact (positive and negative) the arrest, or lack of arrest, will have on the suspect, victim, community

41
Q

What are the 3 types of arrest?

A

Common law
Arrest with warrant
Arrest without warrant

42
Q

What mnemonic helps you to ensure there are reasonable grounds for an arrest?

A

SHACKS

Seen
Heard
Actions
Conversation
Knowledge
Smell
43
Q

What is the caution given when arresting someone and taking them in for further questioning?

‘When questioned caution’

A

‘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’

Code C pace 1984. para 10.4

44
Q

What is the caution given when you have finished questioning someone and have enough evidence to charge them ?

‘Now caution’

A

‘You do not have to say anything but it may harm your defence if you do not mention ‘now’ something which you later rely on in court. Anything you do say may be given in evidence’

Code C pace 1984. Para 16.2

This is the last opportunity for someone to say something relevant to their arrest

45
Q

What is a caution +3 (or an NCV- non casual visitor)

A

When you are Not arresting someone but you are inviting them to the police station to make a statement.

You would still caution them but then tell them the following 3 things..

1) That they are NOT under arrest
2) That they are free to leave at any point
3) That they are entitled to free legal advice

46
Q

What is a contemporaneous interview?

A

Where there is no tape player available and you have to write everything down manually, including questions asked.

47
Q

Where do your powers of arrest come from?

A

S24 Pace 1984

48
Q

Definition of arrest under s24 pace 1984

A

‘A constable may arrest without warrant anyone;
who is about to commit an offence, is committing an offence, whom they have reasonable grounds to suspect to be about to commit an offence, whom they have reasonable grounds to suspect to be committing an offence

AND

Where a constable has reasonable grounds for suspecting that an offence has been commItted, they may arrest without warrant anyone whom they have reasons grounds for Suspecting to be guilty of the offence’

49
Q

Quick way to remember the main points in the definition of powers Of arrest (S24 pace)

A

GASC

Guilty
About to commit
Suspected of committing or being about to commit
Committing

50
Q

Reasonable grounds? In relation to making an arrest

A

Must be based in objective facts that another person could evaluate, i.e;

A person’s behaviour, in addition to;

The time/place where a person is
Any property they are carrying
Information from witnesses/intel

51
Q

S117 pace?

A

Allows you to use reasonable force if necessary when arresting someone

52
Q

Arrest on warrant for an offence/failing to appear at court/ a commitment warrant :-

You don’t need to have the warrant with you when you make the arrest

However if you have the warrant with you then show this to the person and read the relevant parts to them

A

.

53
Q

What must you do before putting a Detainee in a vehicle?

A

Search the vehicle in their presence to ensure there is nothing that they may use to escape or injure someone

On arrival at the station you should then search the vehicle again in their presence to ensure the person has not left any property or evidence in the vehicle

54
Q

What mnemonic reminds you what to be aware of when searching a person under arrest?

A

DIE

Danger
Implement to escape
Evidence of any offence

55
Q

What section of pace gives you the power to enter and search a premises for the purpose of arresting someone?

A

S17

56
Q

whose decision is it to arrest someone?

A

Yours and yours alone

57
Q

What other options do you have before resorting to making an arrest?

A

PAW - persuade, advise, warn

Or you could issue a PND, an ABC or a summons

Use your discretion

58
Q

What mnemonic helps you to ensure that your decision to arrest is justifiable?

A

PLAN

Proportionate
Legal
Accountable
Necessary

59
Q

What impact should you think about when making an arrest?

A

The impact (positive and negative) the arrest, or lack of arrest, will have on the suspect, victim, community

60
Q

What are the 3 types of arrest?

A

Common law
Arrest with warrant
Arrest without warrant

61
Q

What mnemonic helps you to ensure there are reasonable grounds for an arrest?

A

SHACKS

Seen
Heard
Actions
Conversation
Knowledge
Smell
62
Q

What is the caution given when arresting someone and taking them in for further questioning?

A

‘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’

Code C pace 1984. para 10.4

63
Q

What is the caution given when you have finished questioning someone and have enough evidence to charge them ?

A

‘You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence’

Code C pace 1984. Para 16.2

This is the last opportunity for someone to say something relevant to their arrest

64
Q

What is a caution +3 (or an NCV- non casual visitor)

A

When you are Not arresting someone but you are inviting them to the police station to make a statement.

You would still caution them but then tell them the following 3 things..

1) That they are NOT under arrest
2) That they are free to leave at any point
3) That they are entitled to free legal advice

65
Q

What is a contemporaneous interview?

A

Where there is no tape player available and you have to write everything down manually, including questions asked.

66
Q

Where do your powers of arrest come from?

A

S24 Pace 1984

67
Q

Definition of arrest under s24 pace 1984

A

‘A constable may arrest without warrant anyone;
who is about to commit an offence, is committing an offence, whom they have reasonable grounds to suspect to be about to commit an offence, whom they have reasonable grounds to suspect to be committing an offence

AND

Where a constable has reasonable grounds for suspecting that an offence has been commItted, they may arrest without warrant anyone whom they have reasons grounds for Suspecting to be guilty of the offence’

68
Q

Quick way to remember the main points in the definition of powers Of arrest (S24 pace)

A

GASC

Guilty
About to commit
Suspected of committing or being about to commit
Committing

69
Q

A person who is arrested must also be…. ?

A

Cautioned

70
Q

Appropriate adult?

A

If under 18 - a parent/guardian/ social service or other responsible
Adult over 18

If mentally ill or vulnerable - a relative/ guardian/ /social worker/ responsible adult Over 18

To facilitate communication with the person being interviewed.

To advise the person being questioned and observe whether the interview is being conducted fairly

71
Q

De-arrest.. Wording?

A

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 the station that there are no grounds for keeping them under arrest. The constable must record the fact that this has happened

72
Q

Why should you do if you arrest someone for something, then find out they have committed another offence too?

A

Inform them that they are also under arrest for the other offence as well

73
Q

Drunken detainees - how often should they be checked?

A

Every 30 mins

74
Q

When checking on drunken detainees, what are the 4 R’s you should follow?

A
  • Rouse - can they be woken?
  • Response to questions - can they I’ve appropriate answers - Ie what is your name?
  • response to commands - ie raise your left arm
  • remember to take into account that another medical condition may be present, eg diabetes, epilepsy, stroke, drug intoxication etc
75
Q

What must an arrest be?

A

PLAN

76
Q

What must you establish before you arrest!

A

That you have the power to arrest
That you have reasonable grounds to arrest them
That the arrest is necessary and is the best course of action (could you report them for summons instead)

77
Q

Which code of pace covers the detention/interview of suspects?

A

Code C

78
Q

Conditions of detention - welfare considerations?

A

Medical attention/ medical treatment / requirements?
Need an appropriate adult
Need an interpreter

79
Q

When is a caution used?

A

When a detained person is charged with, Or informed that, they may be prosecuted for an offence

Police Revision 2 (12 decks)

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