Definition Checks 2

Question 1

“When Questioned” - Caution

Answer 1

“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”

Question 2

PACE Section - Constable Arrest Powers

Answer 2

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 without warrant, anyone who 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.

Question 3

Necessity Criteria for Arrest

Answer 3

In addition to the above suspicion the Constable must also believe that the person’s arrest is necessary because of one of the following criteria:

Child or other Vulnerable Person; to protect.

Obstruction of the highway: to prevent

Physical injury: to prevent (cause/or suffering)

Public Decency: to prevent offences

Loss or damage to property: to prevent

Address: unknown & not readily ascertained or address doubted

Name: unknown & not readily ascertained or address doubted

Name: unknown & not readily ascertained

Name: reasonable grounds to doubt name given

Effective investigation of offence: to allow for, or of the conduct of the person.

Disappearance of person: preventing prosecution

Question 4

PACE Section 32 - Power of search after arrest (Person)

Answer 4

A constable may search a person who has been arrested at a place other than a police station, if constable has reasonable grounds for believing the arrested person may:

present a danger to themselves or others or 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.

Question 5

PACE Section 32 - Power of search after arrest (Premises)

Answer 5

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.

Question 6

PACE Section 18 (1) Power of Entry

Answer 6

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.

Question 7

PACE Section 19 Powers of Seizure

Answer 7

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.