IN06 - ARREST AND RIGHTS CAUTION

Question 1

What is the purpose of an arrest?

Answer 1

Arrest is lawfully taking a person suspected of committing an offence into custody or temporarily taking their liberty away for any of these reasons:
• 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.

Question 2

What is an arrest?

Answer 2

An arrest is a statement from a constable stating “you are under arrest” PLUS formally touching the body of the person arrested (cuffs on) OR an agreement from the person being arrested that they will submit to the process.

Question 3

What is a conflict of interest?

Answer 3

Person’s with personal connection, members, relations, or friends as victims or offenders.

Question 4

What is the 3 duties to do when arresting?

Answer 4

1. Informed of reason for arrest.
2. Given their Rights/Caution immediately.
3. Strict obligations when involving children (considerations before arrest / additional rights to be given)

Question 5

What are the 2 most common powers of arrest without a warrant?

Answer 5

Crimes Act 1961, section 315 OR Summary Offences Act 1981, section 39

Question 6

What is ‘good cause to suspect’ mean?

Answer 6

Suspicion gained from observations, statements from witnesses, admissions from the offender, scene examination and forensic evidence.

Question 7

What is the timeframe for keeping a person in custody for preserving the public peace?

Answer 7

ONLY FOR UP TO 2 HOURS (they do not go to court unless charged with another offence within these 2 hours)

Question 8

What are 2 types of powers under CA SECTION 315 (2)?

Answer 8

a) FINDS any person disturbing the public peace OR committing an impressionable offence
b) GOOD CAUSE TO SUSPECT any person disturbing the public peace OR committing an impressionable offence

Question 9

What is the first type of power under SOA SECTION 39 ?

Answer 9

a) GOOD CAUSE TO SUSPECT of having committed an imprisonable offence. EXCEPT 17-20, 25, and 32-38

Question 10

What is the second type of power under SOA SECTION 39 ?

Answer 10

b) WITHIN HIS VIEW that the constable reasonably believes constitutes an offence against any in section 17-20, 25, and 32-38 AND fails to give their name and address or if its false.

Question 11

What are the 5 practice notes to questioning?

Answer 11

1. ask questions
2. arrest with sufficient evidence and give rights
3. person in custody, don’t cross-examination
4. evidence must be fully explained to offender
5. do video recording