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)
What does the ‘L’ in COPPLANNED, detailing necessities of arrest, stand for?
Loss or damage to property (to prevent this)
What does the ‘A’ in COPPLANNED, detailing necessities of arrest, stand for?
Address not know (arrest until known)
What does the ‘N’ in COPPLANNED, detailing necessities of arrest, stand for?
Name not ascertained (arrest until known)
What does the ‘N’ in COPPLANNED, detailing necessities of arrest, stand for?
Name, reasonable grounds to doubt details provided (arrest until certified)
What does the ‘E’ in COPPLANNED, detailing necessities of arrest, stand for?
Effective and prompt investigation of offence (must be detailed reasons)
What does the ‘D’ in COPPLANNED, detailing necessities of arrest, stand for?
Disappearance of suspect (to prevent this, especially if they have a history of failing to attend on summons)
What situation may arise in relation to bail which may justify an arrest?
That the defendant doesn’t meet bail conditions - may be grounds for arrest
What situation may arise in relation to court which will justify arrest?
The defendant’s non-attendance at court
What should you consider when trying to obtain the name of the suspect before arrest on this necessity?
Consider checking the PNC/Voter register/driving licence checks/ Identity may be able to be proven by Livescan in custody if defendant is already known to police
What should be considered in relation to a suspect’s address before arrest on this necessity?
An address will be satisfactory is the suspect will be at the address long enough to issue a summons
What should be considered in relation to public decency before arrest of a suspect on this necessity?
There must be a likelihood of a member of the pubic being present to witness public indecency to justify arrest
What should be considered in relation to obstruction of a highway before arrest of a suspect on this necessity?
Ask yourself whether arresting the person actually resolves the situation
What should be considered in relation to a child/vulnerable person before their arrest for protection on this necessity?
Ask if it’s really necessary to detain them to best protect them
What MUST you do before making an arrest?
Make every effort to deal with the matter without arrest
What 3 escalating steps should you take when communicating before any arrest?
Persuade
Advise
Warn them of the consequences of their actions
What is the first formal step that should be taken when you have decided to make the arrest?
1 - Identify yourself as police with name and number
What is the second formal step that should be taken when you have decided to make the arrest?
2 - Tell the suspect they are under arrest AS SOON AS PRACTICABLE (not doing so is unlawful)
What is the third formal step that should be taken when you have decided to make the arrest?
3 - Tell the person the grounds for the arrest AS SOON AS PRACTICABLE i.e. what crime they have committed (not doing so is unlawful)
What is the fourth formal step that should be taken when you have decided to make the arrest?
4 - MUST state the necessity for the arrest under COPPLANNED
What is the fifth formal step that should be taken when you have decided to make the arrest?
5 - Explain the person is not free to leave you AND do the caution
What would a failure to do any of the 5 steps on deciding to make an arrest result in?
The arrest being deemed unlawful
Can the police arrest a person over the age of 10 but beneath that of 18?
Yes - but the person’s parent/carer/guardian must be contacted as soon as possible on arrival to the police station
Can the police address a pupil above 10 and below 18 on school premises?
Yes - but only if it’s unavoidable AND they inform the headteacher of this intention
Can the police use reasonable force in the process of an arrest?
Yes so long as this is necessary and proportionate (the minimum amount of force necessary to produce the desired result)
Which extract of legislation covers the use of reasonable force for arrest?
Section 117, PACE 1984
Section 3 Criminal Law Act 1967
Common law
Give 6 examples of your response options in respect of reasonable force?
1 - Officer presence 2 - Communication Skills 3 - Primary Control Skills 4 - Secondary Control Skills 5 - Defensive Skills 6 - Deadly force
How should you ALWAYS treat offendants and why?
With consideration as you have a duty of care
Which extract of legislation covers de-arresting?
Section 30, PACE 1984
What MUST you do if you de-arrest someone?
Tell them they are de-arrested
When transporting offendants/prisoners, what must you do?
Look after their safety in line with your duty of care
What should you do with an offendant who is drunk and incapable?
Arrange an ambulance for them - DON’T bring them into custody. This isn’t medically appropriate to the severity of their medical status.
What is the custody procedure post-arrest?
Take the offendant to the custody area
Report to the custody sergeant
Provide details of the person who is arrests, the offence they have committed, the time of arrest and necessity for arrest
What will the custody sergeant do after the accused is reported at the desk?
Ask whether the prisoner is vulnerable and take any items from them
When in custody, what does a prisoner have the right to (3 things)?
1 - to have somebody informed of their whereabouts
2 - to access free legal advice
3 - to read the Police Codes of Practice
How many attempts MUST be made by the custody sergeant to contact a prisoner’s chosen contact?
2 - any more attempts are at the sergeant’s discretion
What is the role of the appropriate adult in relation to any minor/vulnerable person admitted to custody?
To facilitate understanding of their ward
What are the ONLY offence other person’s powers of arrest apply to?
Indictable offences that have occurred or are occurring (NOT future offences)
What are the ONLY two justifications for an other person’s arrest?
The other person had reasonable grounds for the arrest AND
it was not reasonably practicable for a constable to perform the arrest
