Definitions 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, something 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 they have reasonable grounds for suspecting to be about to commit an offence, be committing an offence, or have commited an offence
Necessity Criteria for Arrest
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
Name: reasonable grounds to doubt name given
Effective and Prompt investigation of offence: to allow for, or of the conduct of the person
Disappearance 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… DIE
Dangerous impliment
Implement to assist escape
Evidence of an offence
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
You can search for evidence of that or ‘similar’ offences. Can search any premises PIC has control of if reasonable grounds for suspicion exist.
Needs Inspector’s authority.
Can take place ONLY AFTER ARREST for an ‘indictable offence’
(Indictable Only or either way)
PACE Section 19 Powers of Seizure
If an officer is lawfully on premises and finds evidence of any offence or property obtained in commission of offence the officer can seize it…
To prevent it being:
C. concealed L. lost A. altered D. damaged D. destroyed.
PACE Section 17 Power of Entry (to arrest)
A constable may enter and search any premises for the purpose of: WASPS
W arrant: Arrest / commitment warrant
A rresting: For an indictable offence
S tatutory powers of arrest (S1 Public Order Act 1936: S4 Public Order Act 1986: S6-8 Criminal Law Act 1977: S4 & S163 Road Traffic Act)
P ursuing people unlawfully at large
(prisoners, juveniles remanded into care
of local authority)
S aving life & limb: Preventing serious damage to property or to save human life