Arrest Procedures Flashcards
How do do you arrest?
Inform suspect you are arresting them.
Reason for arrest.
Administer common law caution.
Note any replies.
What are the advantages of arrest?
Search the subject Photograph the subject ID parade Non invasive sampling (DNA swab in mouth) Fingerprint/palm prints Restraint & control Examination of injuries Dental impressions and other invasive samples
When does arrest cease?
Release of suspect by court.
Imprisoned.
Grounds no longer exist- released on undertaking/summons/fixed penalty.
Define arrest…
When someone is no longer free to go about their business and they have been informed they are under arrest.
Can an arrested person refuse sampling?
Only invasive sampling such as nail scrapings on and dental impressions, but a warrant can be provided to do this.
When are samples destroyed?
If not convicted then as soon as reasonably possible.
If charged….
Suspects of sexual or violent offences may have their samples kept for up to 3 years even if found not guilty.
What aspects of the human rights act affect arrest?
Article 5- circumstances under which a persons liberty may be removed (e.g. When a person is arrested pending court).
Article 6- the right to a fair trial- must take into account those with language barriers/ deaf/ or with learning difficulties.
What is the power of section 90 of police & fire reform act 2012?
It is an offence to hinder, obstruct, resist or assault a constable or member of police staff or special constables.
What is the power of section 91 of the police & fire reform act 2012?
It is an offence to remove a person from custody or to aid the escape of a custody.
What should you do if arresting a member of HM forces?
Transport them in a closed vehicle.
Put a coat over handcuffs.
When can a citizens arrest occur?
When a crime is witnessed, not suspected.
Entry cannot be forced
Cannot be done for minor breach of the peace.
