Arrests Powers & Procedures Flashcards
Section 24 PACE
Power of arrest without warrant (constables)
A lawful arrest requires 2 elements
SUSPICION and BELIEF
A persons suspected involvement or attempted involvement in the commission of a criminal offence
AND
Reasonable grounds for believing that the persons arrest is necessary.
Powers of arrest without a warrant
A constable may arrest without warrant if an offence HAS been committed.
Any who is in the ACT of commuting the offence..
Anyone who is ABOUT TO commit an offence.
(Past, present, future)
COPPLANN-ED
C - to protect a CHILD or other vulnerable person.
O - to prevent OBSTRUCTION of the highway
P - to prevent them suffering or causing PHYSICAL INJURY
P - to prevent offence against PUBLIC DECENCY
L - to prevent LOSS or damage to property
A - ADDRESS not known
N - name not known
N - NEED to search premiss
E - to allow EFFECTIVE INVESTIGATION
D - to prevent DISAPERENCE
Prompt and affective PLAN
Proportional
Lawful
Accountable
Necessary
PAW
Persuading
Advising
Warning
What must you do if the necessity is no longer ?
De - arrest
For a citizen to make an arrest the incident must be -
Past
Present
Indictable
Reasonable grounds for a citizen to make an attest (PLOD)
Prevent person suffering/causing PHYSICAL INJURY
Prevent LOSS of property
Prevent person making OFF
Prevent DAMAGE to property
Power of search - DIE
Danger to anyone
Implement to escape
Evidence of ANY offence
What is an arrest?
The taking of a persons liberty in order to answer an alleged offence
If a person is detained in police detention for more than 6 hours where must they be taken to ?
Designated police station
The time you arrive at the polsta must be noted. What’s this called ?
Relevant time
Prisoners rights (3)
Someone to know where they are (can try 3 people in total)
The right to consult privately with a solicitor (FUNDAMENTAL)
The right to consult the codes of practise
