Arrests Flashcards
Who can a police constable arrest?
Anyone about to or in the act of committing an offence
Anyone you have reasonable ground to suspect is about to or in the act of committing an offence
Anyone suspected to be guilty of offence
Who can a member of the public arrest?
Anyone committing, suspect of committing or suspect to be guilty of an indictable offence
Only arrest for summary if constable unable to make arrest
Legislation for the necessity for arrest
Section 5/Code G PACE 1984
If arrested and no longer need to be (e.g. arrested to confirm name and they then give it), what is the correct course of action?
De-arrest them
Reasons to arrest someone unrelated to a suspected offence
- Fail to answer police bail to attend a police station
- Breached condition of bail
- Suffering from a mental disorder to remove them to a place of safety
- Unlawfully at large
- Young person absconded from residence
- Tested positive on roadside test
- May not have right to remain in UK
- Causing breach of peace
Criteria needed to be fulfilled to arrest someone
(1) The person has been involved, has attempted to be involved or is suspected of involvement in a criminal offence and
(2) There are reasonable grounds the person’s arrest is ‘necessary’
Info to provide upon arrest (ORCG)
You are under arrest \+ Offence Grounds Necessity Caution
The caution
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
Explanation for ‘You do not have to say anything’ part of the caution
It is your right to remain silent
Explanation for ‘but it may harm your defence if you do not mention, when questioned, something which you later rely on in court’ part of the caution
If you chose not to answer my questions, but later give a response in Court, an inference may be drawn that you failed to give that account sooner
Explanation for ‘Anything you do say may be given in evidence’ part of caution
Anything you do say may be recorded (BWV / PNB / tape recorded interview)
What is a caution+3?
Voluntary interview
Cautioned but not under arrest, can leave if they want, entitled to free legal advice
e.g. for crimes outside of forensic window
What are warrants issued for under S125 Magistrates Court Act 1980?
Outstanding fines
Appear at court
Answer bail
What are relevant comments?
Anything relevant to the investigation and indicates guilt or innocence
At any point of the investigation (including before caution)
What is a significant statement?
Direct admission of guilt
Any point of investigation (even before caution)
Must be repeated in interview
