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BTPSC.I24 > Arrests > Flashcards

Arrests Flashcards

1
Q

What are the 3 types of arrest and their respective law sections?

A

Arrest with a warrant - Section 24 PACE
Arrest without a warrant - Section 24A PACE
Arrest in other circumstances / Preserved powers- Schedule 2 PACE

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2
Q

What is an arrest warrant?

A

A formal document issued by a magistrate or judge which instructs police to arrest a suspect.

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3
Q

What are 3 common reasons an arrest warrant is issued?

A

When a suspect has failed to:
Pay fines
Appear at court
Answer bail

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4
Q

How does Section 17(1)(a) relate to arrest warrants?

A

It gives police a power of entry to execute the warrant.

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5
Q

What act deals with arrest procedure?

A

Police and Criminal Evidence Act 1984 (PACE)

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6
Q

What are the 3 key sections of PACE relating to arrests?

A

Section 24
Schedule 2
Code G

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7
Q

Section 24 and Code G of PACE allow a constable to arrest any person if …

A

-the person is suspected of being involved, or suspected of attempting to be involved in the commission of an offence
AND
-there are reasonable grounds to believe that the arrest is necessary

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8
Q

What should be considered for reasonable grounds to suspect?

A 
Motive
Means
Opportunity
Incentive
Profile (Description, Name, Clothes, Previous convictions)
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9
Q

What does ‘involvement in the commission of an offence’ cover?

A

If someone is:

About to commit an offnce
Committing an offence
Has committed an offence

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10
Q

What defines when an arrest is necessary?

A

Section 24(5) and Code G of PACE

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11
Q

What mnemonic is used by BTP for necessity to arrest?

A

COPPLANNED

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12
Q

C in COPPLANNED

A

To protect a CHILD of vulnerable person

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13
Q

O in COPPLANNED

A

To prevent unlawful OBSTRUCTION of the highway

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14
Q

1st P in COPPLANNED

A

To prevent them suffering PHYSICAL INJURY or causing physical injury to themself or others

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15
Q

2nd P in COPPLANNED

A

To prevent an offence against PUBLIC DECENCY

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16
Q

L IN COPPLANNED

A

To prevent LOSS or damage to property

17
Q

A in COPPLANNED

A

ADDRESS not known, doubted or cannot be ascertained

18
Q

1st N in COPPLANNED

A

NAME not known, doubted, or cannot be ascertained

19
Q

2nd N in COPPLANNED

A

NEED to search person/premises following arrest for indictable offence(s)

20
Q

E in COPPLANNED

A

To allow a prompt and EFFECTIVE INVESTIGATION into an offence or the conduct of the person

21
Q

D in COPPLANNED

A

To prevent the DISAPPEARANCE of the person

22
Q

What is an arrest?

A

The taking of a persons liberty in order to answer an alleged offence

23
Q

What are 4 examples of an arrest in other circumstance?

A

A suspect:

  • fails to answer bail
  • is breaching a bail condition
  • suffering from a mental disorder and needs taking to a place of safety
  • unlawfully at large
24
Q

According to Section 28(1) of PACE, what must you tell someone when you arrest them?

A

They are under arrest

The reason and necessity for the arrest

25
Q

What is the when questioned caution?

A

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

26
Q

What must be written in your PNB regarding an arrest?

A

Circumstances leading up to the arrest
Reason and necessity for arrest
That the suspect was cautioned
Anything said in reply to the caution

27
Q

Why might you not take an arrested suspect straight to a police station?

A

If doing so could:

  • causs interface of harm to evidence, people or damage to property
  • alert others suspected of comitting an offence who haven’t yet been arrested
  • hinder the recovery of property obtained in the comission of an offence
28
Q

Why is O’Hara v CC RUC 1997 relevant to arrest procedure?

A

It relates to necessity for arrest
Officer made an arrest purely from command from a senior officer
Defence claimed the arresting officer should personally form the reasonable grounds required for an arrest
Arresr was deemed unlawful

29
Q

What should an officer’s actions be?

A 
P - Proportionate 
L - Lawful/Legitimate
A - Accountable
N - Necessary
E - Ethical
30
Q

What do Section 30(7a) and (8) PACE 1984 coverm

A

De-arresting:
A person arrested by a constable at a place other than a police station shall be released if a constable is satisfied before reaching the police station there no grounds for keeping him/her under arrest

BTPSC.I24 (8 decks)

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