Arrest and Detention

Question 1

Give me the ‘when’ caution

Answer 1

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

Question 2

Give me the ‘now’ caution

Answer 2

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

Question 3

Give me the ‘restricted’ caution

Answer 3

You do not have to say anything. Anything you do say may be given in evidence.

Question 4

When should you use the ‘when’ caution?

Answer 4

• when arresting
• when interviewing
• when suspecting someone of committing an offence

Question 5

When should you use the ‘now’ caution?

Answer 5

• when charging someone and no longer need to ask them questions/ follow lines of enquiry

Question 6

When should you use the ‘restricted’ caution?

Answer 6

• serious and rare circumstances where we need information to alleviate serious, immediate danger to life and property

Question 7

What is a significant statement?

Answer 7

• implications towards admissions
• can be made before or after caution and should be recorded in pocket notebook, asking them to sign/ note if they refuse to sign

Question 8

What is a significant silence?

Answer 8

• silences after caution
• should still be recorded as a response to the caution in the pocket notebook

Question 9

What is a relevant comment?

Answer 9

• when a suspect gives a reasonable line of enquiry after caution
• should be recording in pocket notebook

Question 10

What are the reasonable grounds for an arrest?

Answer 10

• Reasonable grounds to SUSPECT an offence and an offender
• Reasonable grounds to BELIEVE the arrest is necessary

Question 11

How can we determine necessity of arrest? (COPPLANED)

Answer 11

C - Child/ Vulnerable Person (to protect)
O - Obstruction of Highway (to prevent)
P - Physical Injury (to prevent causing/ suffering to themselves or another)
P - Public Decency (to prevent - public order/ exposing of genitals)
L - Loss or Damage to Property (to prevent)
A - Address (refusal to give)
N - Name (refusal to give)
E - Effective Investigation
D - Disappearance of Person (to prevent)

Question 12

How many necessities should you have to arrest someone?

Answer 12

two or more

Question 13

What should you say when arresting a person?

Answer 13

• “you are under arrest on suspicion of…”
• the ‘when’ caution
• the grounds for the arrest (e.g. what has happened)
• the necessities of the arrest
• PAUSE
• ask do you understand

Question 14

Can you put handcuffs on anyone?

Answer 14

No. You must justify putting handcuffs on, e.g. prevent escape, prevent harm
- should justify in pocket notebook

Question 15

What is the legislation for searching a person who has been arrested and is not at a police station?

Answer 15

• S.32 PACE
• Reasonable grounds to believe they have on their person DIE
  D - dangerous articles or are a danger to themselves
  I - Implement to aid escape
  E - Evidence relating to any offence
• looking for the ‘bulge’ will justify this search

Question 16

What is the legislation for searching a person who has been arrested and is in custody?

Answer 16

S.54 PACE

Question 17

What should you do with evidence?

Answer 17

Put in evidence bags and transport to property stores

Question 18

What should you do with non-evidential property?

Answer 18

Keep safe and transport to custody stores

Question 19

What do you need to give the custody sergeant in order to authorise detention when making an arrest?

Answer 19

• the suspected offence
• summary of the details
• necessities
• be clear, concise, address the points to prove, prepare to be asked further questions

Question 20

What is a warrant?

Answer 20

• issued by the court
• court requesting a person’s arrest
• no necessity required
• custody - no investigation

Question 21

What is BOLO?

Answer 21

• Be on the look out
• suspect of a crime
• inspector to authorise
• you need to justify necessity
• custody - investigation required

Question 22

Can you enter a person’s property and search after an arrest?

Answer 22

Yes. S.18 PACE allows you to enter a person’s property without a search warrant if they have been arrested

Question 23

What are examples of the effective investigation necessity for an arrest?

Answer 23

• investigation would be frustrated or otherwise hindered
• enter and search without a search warrant if arrested (s.18 PACE)
• prevent the arrested person having contact with others
• securing evidence by taking samples from the suspect
• likely that the person may steal or destroy evidence
• statutory class A drug testing requirements
• reasonable grounds to believe false statement has been made/ a statement cannot be readily verified
• RGB has presented false evidence
• RGB may make contact with co-suspects
• RGB may threaten or intimidate witnesses
• prevent contact with others