arrest entry search and seizure

Question 1

purpose of arrest.

Answer 1

prevent commission or repetition

may be available to answer an allegation

Question 2

two elements to lawful arrest

Answer 2

Involvement

necessity

Question 3

necessity criteria

Answer 3

ID COP PLAN
Investigation - allow prompt and thorough investigation
Disappearance - prevent person going missing
Child or vulnerable person -
Order and discipline - military discipline
P - public decency - commission
P - physical harm
L - loss or damage
A - address
N - name

Question 4

s24A PACE 84

Answer 4

civilian arrest

Question 5

s 67 AFA 06

Answer 5

general power of arrest offence

Question 6

s69 AFA 06

Answer 6

anticipation of an offence

Question 7

s110 AFA 06

Answer 7

COs power of arrest

Question 8

s111 AFA 06

Answer 8

Judge Advocate power of arrest

Question 9

s303 AFA 96

Answer 9

power to arrest unlawfully at large - (ran away)

Question 10

the arrest procedure

Answer 10

inform they are under arrest
give reason
give caution - explain
give rights of a soldier booklet
give custody info
give notice to suspect
ask if they want anyone informed
ask if they want legal advice
ask if they want an assisting officer
record everything in SPNB

Question 11

the arrest caution

Answer 11

” I am arresting you under section 67 of the AFA 2006 for alleged (offence) that occurred (full place date time) when (brief detail of offence). The necessity of this arrest is for prompt and thorough investigation.”

Question 12

SLA

Answer 12

service living accommodation

rooms lockers etc

Question 13

person search

Answer 13

conduct a s70 search
do you have any DIE on you 
empty pockets
hair 
arms
tits
back
take belt off
i'm gonna go into groin do not be alarmed
legs and boots

Question 14

what is article 12

Answer 14

search where you arrested person eg vehicle or room
look for 
E- evidence
A - arrested and are contained within
R - rrp or vehicle

Question 15

what is article 13

Answer 15

search after arrest
you need asp, unless;
evidence will be lost or damaged (rare)
CONNECTED
OR
SIMILAR
TO THE OFFENCE
ARRESTED

Question 16

what is article 14

Answer 16

seizing an item to prevent it being;

C - concealed
L - lost
A - altered
D - destroyed
D - damaged
T - tampered with

Question 17

article 17

Answer 17

retaining an article if need them;

Forensically examined
Investigate
Trace the lawful owner
Evidence at court

Question 18

JA warrants

Answer 18

RGB the following 
Warning will negate the search
Access will be refused
Impractical to obtain consent
Things sought are relevant 
Relevant service offence