Arresting

Question 1

What is the ‘when questioned’ caution?

Answer 1

You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Question 2

What do you need to check they understand after saying the caution?

Answer 2

CJPOA Section 34 allows courts to draw an adverse inference when the suspect is silent, or doesn’t mention something at this point in time that they later rely on in court.

Question 3

What is the ‘now’ caution?

Answer 3

You do not have to say anything. But, it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.

Question 4

When would you use the ‘now’ question? And when would you use the ‘when questioned’ caution?

Answer 4

The ‘now’ caution is used when charging or reporting, e.g. at road traffic incidents. The ‘when questioned’ caution is used prior to interviews or before questioning and arrests.

Question 5

When do you not need to caution somebody?

Answer 5

• To establish identity
• To establish ownership of a vehicle
• Information of required by law (breathalyse or insurance paperwork etc.)
• Furtherance of a proper and effective search (do you have any sharp objects? Is anyone in the loft before I search it?)
• Seeking verification of a written document (can you sign this please?)

Question 6

What is the ‘restricted’ caution?

Answer 6

You do not have to say anything, but anything you do say may be given as evidence.

Question 7

What are the three types of caution?

Answer 7

• When Questioned
• Now
• Restricted

Question 8

What is the caution +3 and when is it used?

Answer 8

Normal caution
+ You are not under arrest
+ You are free to leave at any time
+ You have the right to free independent legal advice

Used in voluntary interviews at home or in a police station.

Question 9

What is a Significant Statement?

Answer 9

One that is capable of being used in evidence in court. This could include direct admission of guilt, but also silences, e.g. refusal to answer a question.

Question 10

What is an unsolicited comment?

Answer 10

A comment made by a suspect without being cautioned or asked any questions. Out of the blue.

Question 11

What code of PACE relates to necessities for arrest?

Answer 11

Code G

Question 12

What legislation gives the police powers of arrest?

Answer 12

Section 24 of PACE

Question 13

What two things do you have to consider before making an arrest?

Answer 13

That a person is suspected of involvement, and that you believe the arrest is necessary to gain further information.

Question 13

Arrests can be made if there is reasonable grounds to suspect that….

Answer 13

• A person IS committing an offence
• A person HAS committed an offence
• A person IS ABOUT TO committ an offence
• Double Sus

Question 13

What does double suspicion mean?

Answer 13

Where you are suspicious that both crime has been committed and that a suspect has committed a crime. E.g. glass smash, man runs away from area.

Question 14

What is the acronym for Necessity?

Answer 14

IDCOPPLAN

Question 15

IDCOPPLAN

Answer 15

Investigation
Disappearance
Child or Vulnerable
Obstruction
Physical Injury
Public Decency
Loss
Address
Name

Question 15

Reasons for Prompt and Effective Investigation

Answer 15

• Unlikely to attend voluntary interview.
• Further questioning required.
• Special warning
• They have made false statements
• Steal/Destroy evidence
• Collude with others
• Make contact with witnesses

Question 16

What type of offences can a citizen perform a citizens arrest for?

Answer 16

Indictable offences, if they are committing or have committed one.

Question 16

What reasonable grounds do citizens need for a citizens arrest?

Answer 16

• To prevent injury to self or others.
• To prevent loss or damage to property.
• To prevent suspect running off.

Question 17

What must be said during an arrest and what section is that of PACE?

Answer 17

PACE Section 28
- Under arrest
- Caution
- Grounds
- Necessity for arrests

Question 18

Which legislation gives officers the use of ‘reasonable force’?

Answer 18

Section 117 PACE
Section 3 Criminal Law Act 1967
Common Law

Question 19

What section is Post Arrest (person) Search?

Answer 19

Section 32(a) PACE

Question 20

What section is Post Arrest (Premises) search?

Answer 20

Section 32(b) PACE

Question 21

What is the acronym for reasonable grounds to search a person after arrest?

Answer 21

Danger
Implement to escape
Evidence

Question 22

What is the acronym to show what can be searched?

Answer 22

Jacket
Outer Coat
Gloves

Question 23

When can premises be searched?

Answer 23

If that is where they were when arrested or prior to being arrested, an indictable offence, and reason to believe evidence relating to the offence is there.