Arrest General Powers Flashcards
What are the 3 ways of bringing somebody to Court?
1 - By summons (a letter)
2 - By arrest on warrant
3 - By arrest without warrant
Where does the 1st source of the Power of Arrest come from?
Conditions at the time allowing arrest under Section 24 of PACE, 1984
Where does the 2nd source of the Power of Arrest come from?
The provisions of a particular Act i.e. indictable offences
Where does the 3rd source of the Power of Arrest come from?
The provisions of an order (court order or warrant)
Where does the 4th source of the Power of Arrest come from?
Common law i.e. Breach of the Peace etc
Where are the powers and procedures for arrest outlined?
Section 24, PACE, 1984
Where are the “other persons” power of arrest defined?
Section 24A, PACE, 1984
Who can under no circumstances be arrested?
Children under 10
When can a constable make an arrest?
Either when on or off duty
Under what circumstances can a constable arrest without a warrant?
Where there are reasonable grounds to
- believe someone of being involved in a crime (past)
- believe someone is in the act of committing a crime (present)
- believe someone is about to commit a crime (future)
What is the most important difference in the power of arrest between a police constable and a citizen?
Constables can arrest for crimes that have not yet been committed but where there are reasonable grounds to believe it will be committed in future.
Citizens can only arrest for indictable offences which have happened or are happening
What MUST be the case for an arrest?
You must have a necessity to arrest any person
What is the acronym to remember for when a constable can make an arrest?
Before
After
During or on
Suspicion of A CRIME
Is it necessary to have substantial proof to form the belief that leads to arrest?
No - substantial proof isn’t needed but the fact of belief indicates there will be more info available
What should be the nature of the formation of any reasonable grounds for suspicion?
The reasonable grounds MUST be founded on objective facts
What general considerations should be made when forming reasonable grounds (4 things)?
- Suspect’s behaviour
- The time and place
- Any property carried by the suspect
- Information provided by any witnesses
What is the acronym for the things which reasonable grounds will be based on?
Seen Heard Action Conversation Knowledge (i.e. intel) Smell
What is the only time a power of rest is exercisable in relation to an offence?
If it is NECESSARY
What extract of legislation covers the necessities by which an arrest may be justified?
Section 110 (5) SOCAP (Serious Organised Crime and Police Act) 2005
What is the acronym to remember the necessities for any arrest?
COPPLANNED
What does the ‘C’ in COPPLANNED, detailing necessities of arrest, stand for?
Child or vulnerable person (arrest to protect them)
What does the ‘O’ in COPPLANNED, detailing necessities of arrest, stand for?
Obstruction of the highway (to prevent danger)
What does the first ‘P’ in COPPLANNED, detailing necessities of arrest, stand for?
Physical Injury (to prevent to self or other)
What does the second ‘P’ in COPPLANNED, detailing necessities of arrest, stand for?
Public decency (to prevent indecent acts)