Arrest And Rights Caution

Question 1

What sections do powers of arrest come from?

Answer 1

Section 315(2)(a) and (2)(b) of the Crimes Act 1961
AND
Section 39(1) and (2) of the Summary of Offences Act 1981

Question 2

What are the 4 reasons to arrest a CYP?

Answer 2

Witness/Infomant is protected
Ensure court appearance/ other resolutions
Ensure preservation of evidence
Prevent further offences

Question 3

What must a person be told/ have done when being arrested?

Answer 3

“You have been arrested for…”
AND
Touch the person
OR
Person agreeing to submit to the process

Question 4

What is the difference in the caution rights given to a CYP?

Answer 4

The rights must be given in a way the child understands
AND
Each line of rights must be followed by “Can you explain what that means to you”

Question 5

What four things can you do when dealing with a CYP for an offence?

Answer 5

Do nothing
Warn the CYP and report to YAS
Investigate and report to YAS for their action
Arrest them (If section 214 criteria is met)

Question 6

Caution me my rights as if you have arrested me for burglary

Answer 6

You have been arrest for burglary
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free

Question 7

When is a person deemed to be detained?

Answer 7

When they feel they have been detained unless you have specifically them they can go and do not have to answer any of your questions

Question 8

How long can someone be held for breaching the peace?

Answer 8

2 hours