IN06 Arrest and Rights Caution

Question 1

Section 316

Answer 1

Any person who is arrested must be informed at the time of the arrest the reason unless

• the reason is obvious or
• it is impractical

Question 2

Powers of Arrest without warrant

Answer 2

• CA 315(2)(a) He finds
• CA 315(2)(b) He has good cause to suspect
• SOA 39(1) He has good cause to suspect
• SOA 39(2) Within his view and fails to give details

Question 3

He finds

Answer 3

Crimes Act 1961 Section 315 (2)(a)

Question 4

He has good cause to suspect

Answer 4

Crimes Act 1961 Section 315 (2)(b)
OR
Summary Offences Act 1981 Section 39 (1)

Question 5

Within his view and fails to give details

Answer 5

Summary Offences Act 1981 Section 39 (2)

Question 6

How long can you hold someone for breaching the peace?

Answer 6

2 hours

Question 7

BOR Section 21

Answer 7

To be secure against unreasonable search and seizure

Question 8

Unreasonable searches (3)

Answer 8

• Without or in excess of powers or authority
• In an unreasonable manner
• In bad faith

Question 9

BOR Section 22

Answer 9

Arbitrary Detention

Question 10

What must you say to a suspect when interviewing to avoid breaching S22

Answer 10

” You are free to leave at any time”
and
“You do not have to remain to answer any questions”

Have I said or done anything that would indicate the suspect is not free to go?

Question 11

BOR Section 23

Answer 11

Rights of Person Arrested of Detained

Question 12

BOR Section 24

Answer 12

Rights of Persons Charged

Deals with people charged with an offence once arrested

Question 13

What is the Practice Note on Police Questioning

Answer 13

Guideline for Police questioning of suspects or offenders

Question 14

Practice Note 1

Answer 14

A police officer can question anybody however the person does not have to answer

Question 15

Practice Note 2

Answer 15

Person must be cautioned before being invited to make a statement or answer questions.

Question 16

Practice Note 3

Answer 16

Must not cross-examine when there is sufficient evidence to file charges

Question 17

Practice Note 4

Answer 17

When a suspect is questioned about statements made by others, nature of evidence/statement must be fairly explained

Question 18

Practice Note 5

Answer 18

Appropriate management of video interviews, statements and notebook entries

e.g. changes initialled, endorsed by officer, read by person making statement