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