Arrest, Report & Detention

Question 1

What limits do Code A of the PACE Codes of Practice and Section 1 of PACE 1984 state with regards to searching in public?

Answer 1

In any place which is in public view the constable may only remove the following clothing:

Jacket.
Outer coat.
Gloves.

Therefore, hats, shoes, and inner clothing cannot be removed.

Question 2

What is the mnemonic relating to criteria for searching for evidence relating to any offence?

Answer 2

D Danger to self or others
I Implement to assist escape
E Evidence of an offence

Question 3

Define: Search after arrest — Section 32(1) of the PACE Act 1984

Answer 3

A constable may search a person who has been arrested at a place other than a police station if the constable has reasonable grounds for believing the arrested person may:
- Present a danger to themselves or others.
- Have concealed on them anything which they might use to assist themselves to
escape from lawful custody.
- Have concealed on them anything which might be evidence relating to an offence.

Question 4

Define Section 32 of the PACE Act 1984

Answer 4

Search after arrest, made up of 2 parts

Question 5

Define Section 31 of PACE 1984

Answer 5

Occasionally investigation reveals that an individual may be guilty of further offences other than those they have been arrested for.

In these circumstances Section 31 of PACE 1984 states that if it appears that if they were released for the offence that they were initially arrested for, then they would be liable to be re-arrested for the further offence, then they should be arrested for that further offence as soon as practicable. They must again be told they are under arrest, have the grounds and necessity explained and be further cautioned.

Question 6

Define Section 30 of the PACE Act 1984

Answer 6

Occasionally the circumstances surrounding someone’s arrest may change, meaning that either the grounds no longer exist, or the arrest is no longer necessary.

Section 30(7) of PACE states that ‘A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station that there are no grounds for keeping him or her under arrest or releasing him/her on bail. The constable must record the fact that this has happened’.

Question 7

What mnemonic is applied when considering ‘force as the last resort’?

Answer 7

P Persuade – attempt to talk the individual round, perhaps by fully explaining what is happening and why they are required to do the requested action.

A Advise – Explain to them what will happen if they do not comply, i.e. that force will be used.

W Warn – Tell them that failure to comply immediately will result in the use of force.

Question 8

Explain Section 117 of the PACE Act 1984

Answer 8

This section of the PACE Act allows police officers and designated persons who are exercising a power under the Act to use reasonable force in order to achieve their aim. There is a specific exclusion for powers which require the consent of some other person, other than a police officer (such as ID Parades require consent of the suspect).

In all of the above cases the person using the force must honestly believe that the use of force was reasonable and the level of force was proportionate and justified in the circumstances.

Question 9

Explain Section 3 of the Criminal Law Act 1967

Answer 9

This allows the use of reasonable force by any person to:
- Prevent crime.
- Effect or assist in the lawful arrest of offenders, or suspected offenders, or of persons unlawfully at large.
This applies to constables, or members of the public who use force in the circumstances detailed above. Again the force must be reasonable in the circumstances.

Question 10

Define Section 28 of PACE 1984

Answer 10

Before making any arrest police constables should be satisfied that one of the circumstances laid out in Section 24 of PACE 1984 is present, that they have sufficient grounds to make the arrest, and that the arrest is necessary. In addition they need to consider whether the matter could be dealt with in another way for example, via a summons or penalty notice

Having ensured that an arrest is lawful a constable must then comply with Section 28 by informing the suspect at the time of their arrest, or as soon as practicable afterwards, that they are under arrest. This must be done even when it is perfectly obvious.
Suspects must also be told in plain language what they have been arrested for and the grounds and reason for the arrest.
Following the arrest the suspect must also be cautioned.

Question 11

Explain Section 24A of PACE 1984

Answer 11

(1) A person other than a constable may arrest without warrant:
- Anyone who is in the act of committing an indictable offence
- Anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without warrant:
- Anyone who is guilty of the offence.
- Anyone whom he has reasonable grounds for suspecting to be guilty of it.

In addition, further criteria are placed on the arrest:
1. The Power to arrest is only exercisable where it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

2. They may only arrest where they have reasonable grounds to believe the arrest will prevent the person in question:
   - Causing physical injury to himself or any other person.
   - Suffering physical injury
   - Causing loss or damage to property.
   - Making off before a constable can assume responsibility for him.

Question 12

What is the main purpose of an arrest?

Answer 12

To bring an offender before the court; however there will often be other considerations, for example, to protect the public and, on occasion, the offender themselves.

Question 13

Other than arrest, how else might you bring offenders before the court?

Answer 13

1. Summons

2. Warrant

Question 14

Under Section 24 PACE 1984, define an arrest:

Answer 14

The PACE Act 1984 states:

(1) A constable may arrest without warrant:
1. Anyone who is about to commit an offence.
2. Anyone who is in the act of committing an offence.
3. Anyone whom he has reasonable grounds for suspecting to be about to commit an offence.
4. Anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable may arrest without a warrant:
1. Anyone who is guilty of the offence.
2. Anyone whom he has reasonable grounds for suspecting to be guilty of it.

Question 15

What does PACE stand for?

Answer 15

Police and Criminal Evidence Act 1984

Question 16

What criteria must be fulfilled to make a lawful arrest?

Answer 16

1. A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence (more than merely preparatory). And
2. Reasonable grounds for believing that the person’s arrest is necessary.

Question 17

What are the ten circumstances for believing that a person’s arrest is necessary?

Answer 17

ANDICHILD
A - address
N - name
D - disappearance
I - investigation
C - child
H - highway
I - injury
L - loss or damage to property
D - decency