January exam Flashcards
What does the I in IDCOPPLAN stand for?
Investigation (to allow a prompt and effective investigation)
What does the D in IDCOPPLAN stand for?
Disappear (to prevent the disappearance of a suspect so they can be prosecuted)
What does the C in IDCOPPLAN stand for?
Child - (OR VULNERABLE PERSON, to protect them from harm)
What does the O in IDCOPPLAN stand for?
Obstruction - (To prevent the obstruction of a highway)
What does the (first) P in IDCOPPLAN stand for?
Prevent Injury (to others and the suspect themselves)
What does the (second) P in IDCOPPLAN stand for?
Public Decency (upholding public decency by preventing further crimes against public decency)
What does the in L IDCOPPLAN stand for?
Loss - (to prevent the loss or damage to property
What does the A in IDCOPPLAN stand for?
Address - (to allow for the address of a suspect to be ascertained)
What does the N in IDCOPPLAN stand for?
Name - (to allow for the name of the suspect to be ascertained
What does the G in GOWISELY stand for?
Grounds (what reason you have for suspicion for search
What does the O in GOWISELY stand for?
Object
What does the W in GOWISELY stand for?
Warrant card
What does the I in GOWISELY stand for?
Identification
What does the S in GOWISELY stand for?
Station
What does the E in GOWISELY stand for?
Entitlement (to a copy of the search record)
What does the L in GOWISELY stand for?
Legal power
What does the Y in GOWISELY stand for?
You are being detained for the purposes of a search!
What is GOWISELY used for?
It is the procedure for what to do before a search
What is IDCOPPLAN used for?
It is the necessity test for arrest, you would need to BELIEVE (75% certain) one or more of these reasons has or will take place, to arrest a person under Code G
Under PLAN (Human Rights Act) what do all officers behaviour need to be
Proportionate
Legal
Accountable
Necessary
What is the PEACE model used for
PEACE is used as a model for interviewing techniques
What does the P in PEACE stand for?
P - Planning and preparation
e.g.
create an interview plan, record the plan, make practical arrangements and consider the characteristics of the interviewee
What does the (first) E in PEACE stand for?
Engage and explain
e.g.
Talk to the interviewee
Explain what the reasons for the interview is and what is expected of them and from the interview
‘you are here because you have been arrested for’ / ‘you are here because you have witnessed/been a victim to’,
I will talk to you about…
Explain protacalls e.g. recording/making notes of interview
What does the A in PEACE stand for?
Account, clarify and challenge
e.g.
select a topic to review - break into manageable topics
actively listen to account
probe fine details, check-able facts using an appropriate questioning style
Clarify any issues and challenge where the statement does not completely add up
What does the C in PEACE stand for?
Closure e.g. summarise what the interviewee said answer any questions the interviewee has explain what will happen next
What does the (last) E in PEACE stand for?
Evaluate e.g. evaluate the interview Determine: Is any further action necessary? How it fits into the investigation as a whole Reflect on interviewee
Legislation used for arrest
section (1)(1)(7) of PACE (police and criminal evidence act 1984) gives police power to use reasonable force in order to arrest
section 3 of the criminal law act 1967 gives citizens the power to use reasonable force in making a citizen arrest
Human Rights Act 1998
Equality Act 2010
Statutory rights of Arrested person
- Have someone informed of their arrest
- Right to consult privately with a solicitor (in person or on phone)
- Right to consult the PACE codes of practice
How to De-Arrest
Section 30 - subsection (7a) and (8)
Gives police the legal power to de-arrest someone
They shall immediately be released
The officer must put a note of it in their pocket notebook
Dynamic risk assessment
continuous re-evaluation of the risks that may be posed in any situation specifically using the national decision making model
- specifically to see how to keep every one safe as you have an absolute duty of care
What will a Police National Computer check for?
Warning markers
e.g. drugs, firearms, escapee, alcoholism, weapons, contagion, mental illness
What must a detained (arrested) person be told?
- That they are under arrest
- What they are under arrest for
- The grounds / Necessity for their arrest
(as soon as is practicable after arrest - from s28 of PACE so it is obvious they have been arrested
The Equality Act 2010 expects what as ‘public sector equality duty?
Eliminate - discrimination, harassment and victimisation
Advance - equality of opportunity
Foster - good relationships
123ARREST321
1 - s1 PACE - power to stop and search
23 - s23 of misuse of drugs act - power to search person or vessel for possession
ARREST
32 - s32 - power to search after arrest if you don’t wan’t to DIE (mnemonic)
1 - s 18 (1) - power to search someones premises after arrest
What does DIE, the mnemonic for searching after arrest stand for?
D - Dangerous articles
I - Implements to escape
E - Evidence of crimes
Who are persons at risk, therefore requiring an appropriate adult?
- Juveniles (under 18)
- Anyone mentally disordered or otherwise mentally vulnerable
- Someone suffering and prescribed medication for schizophrenia
‘unable to protect themselves from explotation’ - focus is on risk not disability
What are reasons a person can be denied bail?
Prevent further offences Prevent harm or injury Prevent interference with witnesses/victims Prevent damage to property Prevent loss of property They're in breach of bail
Why is the golden hour so important?
- first opportunity to locate and gather material evidence may be the only chance
- Minimise the attrition of material evidence
- maximise evidence that’s admissible in court
- prevent witnesses talking to other people and contaminating their recollection
- prevent the disappearance of witnesses who may then be impossible to trace
Why is is necessary to preserve the scene and protect the evidence?
- Prove the incident took place
- Prove the offender did it
- Evidence is subject to attrition / contamination
- In case victim / witness can’t testify
- Necessary in a trial (don’t want case quashed)
- Cannot always gather evidence after the incident
Vulnerable and Intimidated witnesses
Vulnerable witness:
Juvenile (under 18) or the mentally ill or disordered may be vulnerable
Intimidated witness:
Domestic / Sexual violence are automatically intimidated - nature of offence is important factor but they can be otherwise intimidated
Why must a witnesses status under the Youth and Criminal Evidence Act 1999 need to be identified (Vulnerable and Intimidated) ASAP?
- Initial contact will need to be different
- e.g. the way the statement is taken (open ended questions, no leading questions)
- There are deadlines for the special measures used in court for giving evidence
- Special measures victims/witnesses may need officers with special training
- need time to put proper support mechanisms in place
Special measures = measures taken to ensure well-being of vulnerable/intimidated persons giving evidence
Prompts to look for in vulnerable persons
Age (under 18) Difficulty communicating No/limited speech difficulty understanding questions difficulty telling time Uninterested / Physically withdrawn
Prompts to look for in intimidated persons
Nature of incident e.g. domestic or sexual (automatic)
Has been threatened
Repeat victim
Violent suspect
Refuse to take a statement/ talk to police
Abuser has authority over them
What do you need to know en route?
Who is at the scene? Any children? Any people with warning markers? Previous criminal history at address? Any firearms registered to the address?
Code A
Stop and search
Code B
Searching premises
Code C
Detention of suspects and questioning
Code G
Arrest
Code E
Interviewing
What are fast track actions?
Any investigative actions which if done quickly are likely to establish important facts, preserve evidence or lead to the early resolution of the investigation
for example
Going to suspects home, giving car/personal descriptions to petrol stations etc
Themes of the ‘investigative mindset’
- Understanding the source of material
- Planning and preparation of the investigation (what do you need to prove)
- Examination of materials validity
- Recording and collation of evidence
- Evaluation of the material
ELBOWS (pocket notebook protocols)
No: E - Erasures L - Leaves torn out (pages) B - Blank spaces O - Over-writing W - Writing between lines YES S - Statements in direct speech
Searching premises - what you need to say
- Identify yourself
- What power are you using
- What is the extent of the search
(if you are searching by consent you must leave as soon as consent is withdrawn)
Section of PACE for a warrant
Section 15 of PACE - as a last resort you can get a warrant from a magistrates
Power to search premises when in immediate pursuit
If someone is unlawfully at large i.e. you are chasing them for an indictable offence and you have reasonable belief that they have entered a home, you have power of entry under section 17 of PACE
Under section 17 of PACE when is reasonable belief not required for power of entry?
When you are attempting to save life and limb or serious damage to property under section 17 of PACE, you do not need to have reasonable belief
Power to search a premises after arresting someone after arriving at station and restrictions
- Section 18(1)
- Need an inspector to give authority / confirm address
- Indictable offences only (includes triable either way)
- Someone must be under arrest and it must be a premises they own, occupy or control
- Need reasonable grounds to suspect
- Must specify what you are searching for and not go beyond that
Power to search a premises after arresting someone but before they arrive at the police station
Section 18(5)
- If it would frustrate the investigation so it is necessary for the investigation to be effective to search quickly
e. g. car is movable, others could destroy evidence
Reasons to seize items found in a premises search to prevent (CLADD)
C - Concealed L - Lost A - Altered D - Damaged D - Destroyed
What is the role of the solicitor?
To promote the rights of an individual in custody
