Arrest Knowledge Flashcards
What Three ways can someone be brought to court
Summons
Arrest on warrant
Arrest without warrant
What is a summons
It is a written order signed by a justice magistrate or clerk of the court addressed to the accused person, directing them to appear at a specified time and place to answer the offences detailed in it
What is a warrant?
A written document issued by a magistrate or a judge which instructs the specified persons (normally a constable) to whom it is addressed to do a particular act
Types of offence
Summary
Either way (Magistrates or Crown Court)
Triable on indictment (Indictable) Only at crown court with a jury
What is Common Law
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted.
What is statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities
Section 24 (1) PACE 1984 definiton
A constable may arrest without a warrant anyone who
is about to commit an offence is in the act of committing an offence They have reasonable grounds to suspect to be about to commit an offence or in the act of committing an offence
Section 24 (2) PACE 1984 Definition
If an officer has reasonable grounds for suspecting that an offence has been committed they may arrest anyone whom they have reasonable grounds to suspect of being guilty of it
Section 24 (3) PACE 1984 Def
If an offence has been committed, an officer may arrest anyone who
is guilty of the offence
they have reasonable grounds for suspecting to be guilty of it
What Mnemonic do you use for necessity
IDCOPPLAN
Alternatives to arrest
No further action – discretion Persuade, advise and warn Caution Out of court disposal (fixed penalty notice) Youth referral Community resolutions Restorative justice Report for summons Voluntary interview
Making a lawful arrest – Information to be given
That they are UNDER ARREST
The GROUNDS for the arrest
AND
The NECESSITY for the arrest
When is a caution NOT required
You ask questions not relating to the offence
To obtain information they are required by law
To establish identity
To seek verification of a written record
Definition of an interview
An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which must be carried out under caution
