Arrest and De-Arrest

Question 1

Section of PACE for constable arrest

Answer 1

Section 24 (1), Section 24 (2) and Section 24 (3)

Question 2

Section of PACE for civilian arrest

Answer 2

Section 24A

Question 3

What is section 24 (1) of PACE

Answer 3

constable arrest powers.

May arrest without warrant a person about to commit an offence or is in the act of committing an offence

Question 4

What is Section 24 (2) of PACE

Answer 4

Constable arrest powers.

May arrest without warrant anyone who the constable has reasonable grounds for suspecting that an offence has been committed and anyone who said constable has reasonable grounds to suspect of being guilty of it

Question 5

What is Section 24 (3) of PACE

Answer 5

Constable arrest powers.

May arrest anyone without warrant who is guilty of an offence or anyone who the officer has reasonable grounds to suspect they are guilty of that offence.

Question 6

Reasonable Grounds of Suspicion - how much certainty do you need to arrest out of 10?

Answer 6

3/4 out of 10

Question 7

Reasonable Grounds to Believe - how much certainty do you need to arrest out of 10?

Answer 7

7/8 out of 10

Question 8

What are the two requirements for a lawful arrest?

Answer 8

1 - person is suspected to be involved/attempted the commission of a criminal offence

AND

2 - Reasonable grounds for believing that persons arrest is necessary

Question 9

What are the recording requirements for an Arrest ?

Answer 9

1 - Date/day/time/place

2 - Name/DOB (if known)

3 - Address/ ethic origin

4 - Grounds for arrest & necessity

5 - Record any comments made by the suspect, relevant to that offence.

Question 10

What section of PACE is De-Arrest?

Answer 10

Section 30 of PACE

Question 11

What is Section 30 of PACE

Answer 11

Constable powers to De-Arrest.

If the arrest no longer applies, the person should be released and dealt with via alternative disposal methods or warned in relation to their future conduct.

Question 12

What do you need to say when arresting - and in what order

Answer 12

Identify yourself (show warrant card if necessary/ asked and possible)

When a person is arrested they should then be told, when practicable:

1 - That they are under arrest

2 - The grounds of arrest (the offence)

3 - Caution (when questioned)

4 - Give the necessity grounds for arrest

Question 13

What are the necessity criteria for arrest?

Answer 13

Ascertain the persons name

Ascertain the persons address

To prevent physical injury to self or another

Suffering physical injury

Prevent loss of or damage to property

Prevent an offence against public decency

Prevent an unlawful obstruction of the highway

Protect child or vulnerable person

Prevent any prosecution being hindered by the disappearance of the person in question

Allow a prompt and effective investigation of the offence or of the conduct of the person in question.