Arrests made during MI

Question 1

Arrest stage of investigation

Answer 1

Arrest strategy needs to be defined

Main issues to are:
Power of Arrest
Searches
Timing of arrest and undermining research

Question 2

Implementing an arrest strategy

Answer 2

Planning an Arrest – Risk, Resources, Logistics

Pre-arrest briefing

Custody Processes

Question 3

What powers of arrest do we have?

Answer 3

Arrest without warrant

S24 PACE (s. 110 Serious and Organised Crime and Police Act)
* Suspecting of committing a criminal offence
* Involvement in a criminal offence
* Breach of bail
* To ascertain name and address
* To prevent injury, damage etc.
* To protect a vulnerable person

Question 4

What powers do w have to search people?

Answer 4

For weapons
For items related to the offence
PACE 1984 s 32(2)(b) search upon arrest

Question 5

What powers do we have to search premises?

Answer 5

Search warrant

Section 17 PACE (INDICTABLE OFFENCES) entry for purpose of arrest

Reasonable grounds for search

S18 Entry and search after arrest

Question 6

Planning an arrest

Answer 6

Pre-arrest briefing
Risk assessment
Time
Location
Who should be present?
Entry to premises
Intelligence and information

Question 7

The arrest

Answer 7

Timing of arrest
Caution
At time of arrest
At the start of the interview
Must be reminded that you are entitled to free legal advice
Nominate appropriate officers
Transport
Determine custody suite
Safeguarding issues

Question 8

Police must

Answer 8

Identify themselves as the police

Tell you that you’re being arrested

Tell you what crime they think you’ve
committed

Explain why it’s necessary to arrest you

Explain to you that you’re not free to leave

Question 9

Unsolicited comments

Answer 9

An arrested suspect must not be interviewed about relevant offences
except at a Police Station

Any unsolicited comments should be
noted and signed by the officer and the
arrestee

Question 10

Custody

Answer 10

Have the right to:
Have someone informed of their arrest
Receive free legal advice
Consult PACE Codes of Practice

Question 11

How long can you be held in custody?

Answer 11

The police can hold you for up to 24 hours before they have to charge you with a
crime or release you.

They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder.

You can be held without charge for up to 14 days If you’re arrested under the
Terrorism Act

Question 12

Time to court

Answer 12

6 months from charge if held in custody

4 months for juveniles

Question 13

Investigating decision-making

Answer 13

Developing hypotheses are important
for investigations

Main Lines of Enquiry must be documented by SIO, and pursued

Establish Clear Accountability

ABC Principle should be applied in all
investigations

Question 14

TIE

Answer 14

Trace
Interview
Eliminate

Question 15

TIE Enquiries

Answer 15

TIE – The term comes from the HOLMES system used in major investigations

It denotes the instruction given to investigating officers to ‘trace, interview,
and eliminate’ a particular suspect

Question 16

TIE Categories and Priorities

Answer 16

The more investigators know about a
crime, the greater the chance of
formulating an accurate TIE category

Defining Subjects & Suspect
Parameters

Setting Date & Time Parameters

Question 17

Interviewing

Answer 17

Planning:
Who will conduct interview
Co-interviewer
Evidence-points to prove
Suspect needs
Exhibits
Solicitors
Juveniles/ mental health considerations
Interpreters
Significant statements/ special warnings

Question 18

Investigate interviewing

Answer 18

Critically evaluate the concept of the
cognitive interview

Understand the shift towards interview
techniques and the reasons for it

Introduce the theoretical base for investigative interviewing

Gather material to support prosecution or early release of innocent person

Support prosecution, saving
time/money/resources

Increase public confidence, esp. witnesses and victims

Question 19

PEACE Model

Answer 19

Planning and Preparation
Engage and Explain
Account- clarify and challenge
Closure
Evaluation

Question 20

Cognitive interviews

Answer 20

Mentally reinstate the environmental and
personal context of the crime for the witnesses.

Witnesses are asked to report the incident from a different perspective,
describing what they think other witnesses ( or even the criminals themselves) might have seen.

Recounting the incident in a different narrative order.

Question 21

Geiselman et al (1985)

Answer 21

Geiselman & Fisher
proposed that, due to the recency effect, people tend to recall recent events more
clearly than others.

Question 22

Investigative interviewing

Answer 22

Confession-Oriented Systems

Can lead to:
Human Rights Abuses
Miscarriages of justice
Low Levels of Interviewing Skills

Should be a search for truth

Question 23

Police interviewing

Answer 23

Closed questions typically the responses are a “yes” or “no”.

Leading questions suggest an answer.

Open questions allows for an unlimited
number of responses.

Question 24

What type of person is most likely to confess?

Answer 24

An extraordinary trust of people in authority;

A lack of self-confidence;

Heightened suggestibility which maybe due to age or mental handicap
(Gudjonsson, 1992).

Or interrogations sessions which last more
than ten hours (Leo and Ofshe, 1998)

Question 25

Investigative material

Answer 25

Victims
Witnesses
Suspects
Scenes
Property recovered from searches
Intelligence
Investigative material

Question 26

Officers must

Answer 26

Comply with all legal requirements
Plan ahead
Have a clear strategy
Be professional
Be well trained