Chapter 2.3 - Policing Act 2008 Flashcards
Taking identifying particulars
S.32 - in lawful custody if detained for committing an offence at police station/any other place being used for police purposes.
S.33 - good cause to suspect a person of committing an offence and who you want to summons, may detain at any place to take identifying particulars (only for period necessary to take).
Name, address, DOB, photo, prints
Must be taken in manner that is reasonable and can use reasonable force. Can K9 if they fail to comply after being cautioned.
S.36 - Where a constable finds a person 1K in public place or 1K while trespassing on private ppty they may do what?
Detain & take into custody where reasonably believe person is:
risk to self/can’t protect self
risk to others
risk to ppty
Not reasonably practical to provide adequate care at home or temporary shelter.
Must release after 12 hours or until sober unless health professional recommends a further 12 hours.
S.31 CA 1961 applies in respect of the power to detain and take a person into custody under S.36 as if the power were what?
A power of arrest.
