IN06 Arrest and cautions Flashcards
What is the BOR?
You are under arrest for…
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free
What is section 21 of Bill of rights Act 1990?
Unreasonable search and seizure:
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
What is section 22 of Bill of rights Act 1990?
Liberty of the person:
Everyone has the right not to be arbitrarily arrested or detained.
What is section 23 of Bill of rights Act 1990?
Rights of persons arrested or detained:
Everyone who is arrested or who is detained under any enactment—
(a) shall be informed at the time of the arrest or detention of the reason for it; and
(b) shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c) shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(2) Everyone who is arrested for an offence has the right to be charged promptly or to be released.
(3) Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
(4) Everyone who is—
(a) arrested; or
(b) detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.
(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.
What is section 24 of Bill of rights Act 1990?
Rights of persons charged:
Everyone who is charged with an offence—
(a) shall be informed promptly and in detail of the nature and cause of the charge; and
(b) shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
(c) shall have the right to consult and instruct a lawyer; and
(d) shall have the right to adequate time and facilities to prepare a defence; and
(e) shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and
(f) shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
(g) shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.
What is purpose of an arrest?
safeguarding the public interest (e.g. by preventing the person committing further offences or from destroying evidence)
ensuring the person appears in court
protecting the person’s own interests.
What is an arrest?
An arrest is a statement from a constable:
• “You are under arrest.”
Plus
• formally touching the body of the person being arrested, e.g. by placing a
hand on the offender’s shoulder
Or
• an agreement from the person being arrested that they will submit to the
process.
What does Section 316 Crimes Act 1961 cover?
Any person who is arrested must be informed at the time of the arrest of the reason for the arrest unless:
- the reason is obvious, or
- it is impractical to do so.
What are the powers to arrest without warrant?
A constable’s powers of arrest without warrant are found in either:
• section 315 of the Crimes Act 1961
or
• some other statute giving authority to arrest; for example, section 39 of the Summary Offences Act 1981.
What is Crimes Act 1961 section 315(2)(a)?
HE FINDS
Disturbing the public
peace
OR
committing any
offence punishable by imprisonment
What is Crimes Act 1961 section 315(2)(b)?
HE HAS GOOD CAUSE TO SUSPECT
Of having
committed a breach
of the peace
OR
any offence
punishable by
imprisonment
What is Summary offences Act 1981 section 39(1)?
HE HAS GOOD CAUSE TO SUSPECT
Of having committed an offence against this Act
Except Sections 17-
20, 25, 32-38.
What is Summary offences Act 1981 section 39(2)?
WITHIN HIS VIEW
Does an act the constable believes is
an offence against Sections 17-20, 25, 32-38
And fails to give name and address or gives false details. Arrest for the offence seen being committed (e.g. excreting in a public place).
