Caution And Arrests Flashcards
What is the when 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.
Can you question before an interview?
No, they need a legal rep. They will have this in custody before an interview.
What is the now caution?
You do not have to say anything, but, it may harm your defence if you do not mention now, something you later rely on in court. Anything you do say may be given in evidence.
What is the restricted caution?
You do not have to say anything, but, anything you do say may be given in evidence.
When do we use the restricted caution?
When we are detaining a person and want more information. There is an immediate risk to life, when we need to interview quickly.
do we ask if they understand after cautioning?
No. They could say no or it could be considered as questioning after caution. Avoid this.
Why do we caution?
We caution to allow people to understand their rights and what will happen next. This allows them to have a legal rep.
When do we caution?
On arrest, at a court appearance and on an interview.
What do you need to record when giving a caution?
If there is a reply and if they refuse to sign or reply
What is an arrest?
You can take away someone’s liberty.
Do you need to cuff someone who is arrested?
No. They could be compliant.
What are the 3 modes of trial?
1 summary only
2 either way
3 indictable
What is a summary offence?
Minor offence, magistrates court, limit on sentencing powers. Does not trigger extra police powers.
Eg, common assault, S5 public order.
What is an either way offence?
The offence is indictable (eligible for crown court) but can be dealt with at a magistrate’s court unless the defence opts for trial by jury (crown court).
Eg, theft, criminal damage, ABH.
What is an indictable offence?
The most serious offences will only be heard at crown court.
Eg, murder, robbery
Section 24 PACE 1984 gives the officer the power to arrest a person but is dependant on?
1 a persons involvement or suspected involvement or attempted involvement in the commission of a criminal offence
AND
2 reasonable grounds for believing that the persons arrest is necessary
Why percentage is gut instinct?
1-5%
What percentage is suspicion?
Approx 15-20%
What percentage is belief?
It is approx 50%
Why percentage is knowing?
100%
Section 24 (1) a police constable can arrest…
1 when an offence has been committed and you reasonably suspect the relevant person has committed it (past)
2 when an offence is being, or you reasonably suspect it is being committed (present)
3 when an offence is about to be , or you reasonably suspect it is about to be committed
4 when you reasonable suspect and offence has been committed and reasonably suspect that a person has commuted it (double suspicion)
5 there must be a necessity factor
S24 (5) what are necessity factors?
1 name not known
2 address not known
3 to prevent;
A - causing physical injury
B - suffering physical injury
C - loss or damage to property
E - committing an offence
against public decency
F - causing unlawful
obstruction of the highway
4 protect a child or vulnerable person
5 allow prompt and effective investigation
6 prevent prosecution being hindered by the disappearance of the person in question
What does COPPLANPP stand for?
C child or vulnerable person
O obstruction of the highway
P public decency
P physical injury (causing/
suffering)
L loss or damage to property
A address not known
N name not know
P prevent disappearance
P prompt and effective
investigation
When can you use the necessity of prompt and effective investigation? When someone..
1 has made a false statement
2 made statements that can not be readily verified
3 has presented false evidence
4 may steal or destroy evidence
5 they may make contact with
co-suspects or conspirators
6 may intimidate or threaten or
make contact with witnesses
or;
7 when considering arrest in connection with an indictable offence, there is an operational need to:
A - to enter and search any
premises occupied or
controlled by a person
B - to search a person
C - preventing contact with
others
E - take fingerprints, footwear
impressions, samples or
photographs of the suspect
D - to ensure compliance with
statutory drug testing
requirements
When arresting and finding a necessity factor, you must consider;
1 the situation of the victim
2 the nature of the offence
3 the circumstances of the offender
4 the needs of the investigative process
What alternatives are there to arresting?
1 community resolution
2 Fixed penalty notice
3 voluntary attendance
4 section 59 road traffic offence
5 TOR - speeding, asb driving
6 verbal warning
7 NFA - no further action
8 CPN’s, CPO’s, CPW’s - community protection notices, community protection orders, community protection warnings
9 summons - send them a letter for a court summons instead of arrest
What powers of arrest do not require an necessity?
1 warrants issued by a judge/magistrates
2 breach of peace powers under common law
3 road traffic act S6 - drunk driver failing to provide or over the limit
4 S314 of the armed forces act AWOL from HM forces
5 S136 mental health act 1983
6 S49 prisons act 1952, absconded from a secure facility
What is an officer required to do under PACE code practice G?
1 The nature & circumstances of the offence leading to arrest (including where and when the offence was committed)
2 the reason(a) the arrest was necessary
3 giving the caution
4 anything said by the person at the time
5 consider the requirements of section 28 of PACE and code C
Once arrested would you search them?
Yes. Every time you are taking them in a vehicle. This is section 32 of PACE
Section 32 PACE checklist (ISOARS)?
1 anyone arrested
2 other than a police station
3 reasonable grounds for believing they may present a danger to themselves or others
4 search for an implement to aid escape
5 search for evidence related to an offence
6 if any offence is indictable, to search any premises in which they were when arrested or immediately before for evidence related to the offence
What does DIE mean (section 32)?
D danger
I implement
E evidence
For an indictable offence the constable has powers to…
1 enter and search a premises in which they were arrested
2 immediately before they were arrested
3 for evidence relating to the offence
Can you de arrest someone?
Yes. You have to make a note on the MDT to why, this is S30 (7a) & 8 of PACE 1984
