Def check 2 Flashcards
When Questioned Caution
You do not have to say anything but it may harm your defence if you do not mention when questioned anything which you later rely on in court anything you do say may be given in evidence.
PACE Section 24- Constable Arrest Powers
A constable can arrest without warrant…
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone they have reasonable grounds for suspecting to be about to commit an offence
- Anyone they have reasonable grounds for suspecting to be committing an offence.
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest them without warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
If an offence has been committed, a constable may arrest without a warrant.
- Anyone who is guilty of the offence.
- Anyone whom he has reasonable grounds for suspecting to be guilty of it.
Necessity criteria for Arrest
COP PLANNED
C hild or other vulnerable person- Protect
O bstruction of the highway- Prevent
P hysical Injury- prevent (cause/suffering)
P ublic decency- prevent offences
L oss or damage to property- To prevent
A ddress Unknown/not ascertained/doubted
N ame Unknown/not ascertained
Name Reasonable grounds to doubt name given
Effective investigation of offence: To allow for, or of the conduct of the person.
D isapperance of person: Preventing prosecution
PACE Section 32- Power of search after arrest (Person)
A constable may search a person who has been arrested at a place other than a police station, if the constable has reasonable grounds for believing the arrested person may…
- Present a DANGER to themselves or others
- Have concealed on them an IMPLEMENT they might use to assist them to escape from lawful custody or
- Have concealed on them anything that might be EVIDENCE relating to an offence
DIE: DANGER IMPLEMENT EVIDENCE
PACE Section 32- Power of search after arrest (Premises)
If the offence for which a person was arrested is an INDICTABLE offence a constable may ENTER and SEARCH any premises in which a person WAS WHEN ARRESTED or IMMEDIATELY BEFORE he was arrested for evidence relating to THE OFFENCE for which he was arrested.
PACE Section 18(1) Power of entry
A constable may enter and search any premises OCCUPIED or CONTROLLED by a person who is UNDER ARREST for an INDICTABLE OFFENCE if he has reasonable grounds for SUSPECTING that there is on the premises EVIDENCE, other than items subject to legal privilege that relates to that offence or to SOME OTHER INDICTABLE offence which is CONNECTED with or similar to that offence. A constable may seize and retain anything found.
PACE Section 19 Powers of Seizure
A constable who is lawfully on any premises may seize anything which is on the premises if he/she has:
-Reasonable grounds for BELIEVING that it has been obtained in CONSEQUENCE of the COMMISSION of an offence;
or
-That it is evidence in relation to an offence which he is INVESTIGATING;
or
-Any other OFFENCE
and
-That is necessary to seize in order to prevent it being
CONCEALED, LOST, ALTERED, DAMAGED, DESTROYED
CLADD
PACE Section 17 Power of Entry (to arrest)
A constable may enter and search any premises for the purpose of:
- Executing a commitment WARRANT or a warrant issued arising from criminal prosecution.
- ARREST a person for an INDICTABLE OFFENCE
- ARREST a CHILD or YOUNG PERSON who who has been REMANDED or committed to local authority accommodation.
- Arrest for an offence which is SPECIFIED in an act.
- Recapture a person who has ESCAPED from LAWFUL DETENTION
- Or who is unlawfully at large and you are PURSUING.
- SAVING LIFE AND LIMB or preventing SERIOUS DAMAGE to PROPERTY.
