IN06:Arrest&Caution Rights

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 from 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

Under the Bill of Rights or Police Notes on Questioning, what could be considered as under arrest?

Answer 3

• Any physical restraint applied

- Placing someone in a locked room, cell or police car

Question 4

What would be considered a conflict of interest?

Answer 4

Having a personal connection with either the victim or offender being a..

• Relative
• Friend
• Personal Connection

Question 5

What should you do if you think you have a conflict of interest in an incident?

Answer 5

Advise other officers
Cease, distance involvement
MAKE NO ARREST - Unless absolutely nessessary

Question 6

If you have to make an arrest in a conflict of interest situation, what should you do?

Answer 6

• Advise supervisor

- Submit file asap, including a covering report

Question 7

Which Acts and Sections give a constable their main arrest powers without a warrant?

Answer 7

Section 315 Crimes Act 1961 & Section 39 Summary Offences Act 1981

Question 8

What is the power of arrest under Section 315(2)(a) Crimes Act 1961?

Answer 8

HE FINDS;
Disturbing the public peace;
OR;
Committing any offence;
Punishable by imprisonment

Question 9

What is the power of arrest under Section 315(2)(b) Crimes Act 1961?

Answer 9

HE HAS GOOD CAUSE TO SUSPECT;
Of having committed a breach of the peace;
OR;
Any Offence;
Punishable by imprisonment

Question 10

What is the power of arrest under Section 39(1) Summary Offences Act 1981?

Answer 10

HE HAS GOOD CAUSE TO SUSPECT;
Of having committed an offence against this act;
Except SS. 17-20, 25 & 32-38

Question 11

What is the power of arrest under Section 39(2) Summary Offences Act 1981?

Answer 11

WITHIN HIS VIEW;
Does an act the constable believes is an offence against;
SS. 17-20, 25 & 32-38;
Any fails to give details

Question 12

What does good cause to suspect mean?

Answer 12

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

Question 13

Reasons to arrest?

Answer 13

WEEP
Witness/Victim protection if needed
Ensure an appearance in court
Ensure the safety of evidential material
Prevent further offending if left at the scene

Question 14

What is the principle of Note 1

Answer 14

May ask questions of any person but they don’t need to answer

Question 15

What is the principle of Note 2?

Answer 15

If you have sufficient evidence to charge a person or question a person in custody they must be cautioned.

Question 16

What is the principle of Note 3?

Answer 16

Can’t cross-examine a person in custody

Question 17

What is the principle of Note 4?

Answer 17

Evidence must be fully explained to suspect/offender

Question 18

What is the principle of Note5?

Answer 18

Statements are preferably made by video or must be made permanently recorded by audio or writing. The suspect has the opportunity to review.