Custody Flashcards
What is required to make a lawful arrest
A person’s involvement or suspected involvement or attempted involvements in the commission of a criminal offence
AND
Reasonable grounds to believe that the person’s arrest is necessary
What is required to make a warrant arrest
No necessity required but in order to lock up you are required to use disappearance – to prevent and the prevent hindrance of prosecution.
Preserved power – not required.
Do you require a necessity with regards to drink driving
Pre-served powers so necessity is not required however use.
Do we have the power to arrest somebody under Section 136 Mental Health Act
anyone who may have a limited mental capacity. Power to detain someone suffering from mental health. Not a power or arrest just to detain.
What is 54/32/23/1
54 – up to a strip search, in custody
32 – JOG search
23 – misuse of drugs act
1 – stop and search
What does ‘DIE’ stand for
Danger to themselves
Implemented anything on them to escape/evade custody
Evidence on them relating the offence
What does section 32 PACE allow
This gives you the power to search a person who has been arrested, and where certain criteria exist.
Applies only to arrests made in a place other than a police station.
ALWAYS consider searching a prisoner BEFORE placing them in a police vehicle.
What are the rights of the detained individual
• Nominated Person • Free and independent legal advice • Code of practice Foreign nationals • Right to speaking to their consulate or embassy and a translator
What happens to a detainee’s property
All property will be removed, recorded and retained.
Returned to the DP when released unless it is part of any evidence
Safekeeping/prevention of injury
Search under section 54.
What is a POL1
Close proximity watch - Watch somebody constant supervision of a DP
DP’s that have a high possibility to cause self-harm
What is OATSN
Offence Allegation Time Summary Necessity
