Arrests

Question 0

Define section 27 PPP

Answer 0

Power to arrest

• anyone about to commit
• anyone in act of
• anyone guilty of
• anyone whom constable has reasonable suspicion is about to commit
• anyone whom constable has reasonable suspicion is committing
• anyone whom constable has reasonable grounds for suspecting is guilty of offence

Section 27(2) double suspicion 
RG for suspecting offence committed and RG for suspecting to be guilty of said offence

Question 1

Using which powers can we arrest?

Answer 1

Section 27 PPP -constables
Section 28 PPP -public

Power to arrest any offence, any place

Question 2

The use of power to arrest must be?

Answer 2

P proportionate
L lawful
A appropriate 
N necessary 
N non discriminatory

Question 3

What must be balanced during arrest?

Answer 3

Individual rights

Investigative powers

Question 4

Which part of human rights legislation is key to arrests?

Answer 4

The right to liberty - article 5

Question 5

How would you justify an arrest?

Answer 5

Test of necessity
P prompt and effective investigation
D disappearance of person
C protect children or vulnerable people
O prevent obstruction of the highway
P prevent physical injury to self or others
P prevent public decency that cannot be avoided by public
L prevent loss or damage to property
A address not given, not satisfactory, doubted - summons could not be applied for
N not given, not easily established or doubted - summons failed

Question 6

Which section related to de-arresting after arrest?

Answer 6

Section 33 PPP

Question 7

What constitutes reasonable grounds? Section 27

Answer 7

Observations
Information
Time/place person is
What they are carrying
Their behaviour 

Must be objective facts another person could evaluate

Question 8

What must you inform someone after arrest?

Answer 8

That they have been arrested

The circumstances of arrest i.e. The offence and grounds -pd cop plan

Question 9

What powers does section 28 PPP provide?

Answer 9

Any person to arrest

• someone who is in act of committing offence
• someone who they have RG for believing is committing an offence
• someone who is guilty of offence
• someone who they have RG is guilty

Question 10

What circumstances would you give a caution?

Answer 10

Grounds to suspect an offence and you want to question them - if not arrested but cautioned then you must say not arrested and can leave at any time
Or You arrest them

Question 11

What is the initial caution?

Answer 11

You don’t 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 12

Which legislation outlines the legal requirement for a caution?

Answer 12

Section 70 PPP

Question 13

What is the definition of an arrest?

Answer 13

Taking someone’s Liberty so they are available to answer questions relating to alleged or suspected crime or offence

Question 14

What 3 ways can we bring someone to court?

Answer 14

Summons
Charge
Warrant

Question 15

You intend to deal with someone by summons, what two reasons could you arrest? What should you do first?

Answer 15

If a summons could not be applied for as address not known/satisfactory/doubted
Or
Name not known/not easily established/doubted

P persuade
A advise
W warn

Question 16

Section 28 powers of arrest are only exercisable when? And the reasons for?

Answer 16

They have RG for believe that there are necessary reasons to arrest
Or
It is not practicable for Constable to make it instead

Prevent person
Causing physical injury to themselves or others
Suffering physical injury
Loss or damage to property
Making off before a constable can assume responsibility