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DHEP Contemporary Criminal Justice > Lecture 4 Arrests > Flashcards

Lecture 4 Arrests Flashcards

1
Q

What is an arrest?

A

To seize a person by legal authority or warrant, to take into custody.

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2
Q

What is PLANE?

A 
Proportionate 
Legal 
Accountable 
Necessary 
Ethical
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3
Q

What is PAW?

A

Use of warnings:
Persuading
Advising
Warning

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4
Q

What is Section 24 (1) of PACE?

A

States that a constable may arrest without a warrant anyone, whom he has REASONABLE GROUNDS FOR SUSPECTING to be about to commit an offence and anyone whom he has REASONABLE GROUNDS FOR SUSPECTING to be committing an offence.

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5
Q

What is Section 24 (2) of PACE?

A

States that a constable may arrest without a warrant anyone, whom he has REASONABLE GROUNDS FOR SUSPECTING that an offence has been committed, and anyone whom he has REASONABLE GROUNDS TO SUSPECT of being guilty of it.

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6
Q

What is Section 24 (3) PACE?

A

States that a constable may arrest without a warrant, anyone who is guilty of an offence which has been committed or anyone who the officer has REASONABLE GROUNDS FOR SUSPECTING to be guilty of that offence.

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7
Q

The lawful arrest of a person requires two elements, what are they?

A
  1. A persons involvement or suspected involvement or attempted involvement in the commission of a criminal offence.
    AND
  2. REASONABLE GROUNDS FOR BELIEVING that the persons arrest is necessary.
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8
Q

What are the requirements to record when arresting someone?

A
  • Date, day, time and place
  • Name, DOB of suspect if known
  • Address and ethnic origin
  • Grounds for arrest and necessity
  • Record any comments made by the suspect, relevant to that offence.
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9
Q

What is section 30 of PACE?

A

De-Arrest

  • If the arrest no longer applies, the person should be released and dealt with by alternative disposal methods or warned in relation to their future conduct.
  • Ensure that you record the de-arrest in your PNB or pronto, including the date and time of the de-arrest.
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10
Q

What making an arrest, what must you consider under Code G?

A
  • Requires officers to consider other practical alternatives to arrest.
  • If an arrest is made, a necessity criteria needs to be applied in order to make a lawful arrest.
  • Arrest should be the last resort. Can you deal with this effectively in any other way?
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11
Q

What should you consider when making an arrest?

A

“The exercise of the power of arrest represents an obvious and significant interference with the Right to Liberties and Security under article 5 of the ECHR”
- PACE Code G 1.2
“The use of power must be fully justified and Officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means”
-PACE Code G1.3

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12
Q

What are the 10 necessities for arrest?

A
  1. Ascertain the persons name.
  2. Ascertain the persons address.
  3. To prevent physical injury to self or another.
  4. To prevent suffering physical injury.
  5. Prevent loss of or damage to property.
  6. Prevent an offence against public decency.
  7. Prevent an unlawful obstruction of the highway.
  8. Protect a child or vulnerable person.
  9. Prevent any prosecution being hindered by the disappearance of the person in question.
  10. Allow a prompt and effective investigation of the offence or of the conduct of the person in question.
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13
Q

When do we give the necessity?

A
  • When making an arrest you MUST give a necessity of why you are arresting that person.
  • The necessity must be given to the arrested person, if practicable at the time of the arrest.
  • The necessity must be given to the custody sergeant.
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14
Q

How to carry out a lawful arrest?

A
  • When making an arrest you should identify yourself and if asked, show your warrant card.
  • When a person is arrested they must be told as soon as practicable:
    1. THAT THEY ARE UNDER ARREST
    2. THE GROUNDS (i.e the offence they have been arrested for)
    3. CAUTION THE SUSPECT
    4. THE NECESSITY FOR THE ARREST
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15
Q

Can words alone constitute an arrest?

A

Yes.

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16
Q

What is the purpose of a caution?

A

A caution is a form of prescribed words given to a suspected person before questioning them about an offence:

  • When not arrested, but suspected of an offence
  • When arrested
17
Q

When must a caution be used?

A

A caution must be used at any time when you suspect that an individual has committed an offence and you intend to question them about that offence.
AND
If an individual starts to speak about the offence before you have has chance to caution them, you must politely stop the individual and caution them.

18
Q

What is the ‘When Plus 3 Caution’?

A

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

  • you are not under arrest
  • you are not obliged to remain here once I have obtained and verified your details.
  • you are entitled to free and independent legal advise”

Do you understand?

19
Q

What is the When Caution?

A

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. Do you understand?”

20
Q

What is the ‘now’ caution?

A

“You do not have to say anything. But it may harm your defence if you do not mention NOW, something which you later rely on in court. Anything you do say may be given in evidence.
Do you understand?”

Used after charge or reported on summons

21
Q

What is the ‘restricted’ caution?

A

“You do not have to say anything. But anything you do say may be given in evidence.”

22
Q

What is a relevant comment?

A

Includes anything that might be relevant to the offence.

23
Q

What is a significant silence?

A

A failure or refusal to answer a question, or answer satisfactorily, under caution.

24
Q

What is a significant statement?

A

One which appears capable of being used in evidence against a suspect, in particular. It could be:

  • a direct admission of guilt
  • failure or refusal to answer a question or, to answer in satisfactorily
25
Q

Considerations surrounding significant statements and silences?

A
  • a significant silence can only arise after a person has been cautioned.
  • a significant statement can arise at anytime.
26
Q

What are the alternatives to arrest?

A
  • Do nothing
  • Verbal warning
  • Report on summons
  • Fixed penalty notice (FPN)
  • Community resolutions
  • Direction to leave
  • Restorative justice
  • Voluntary interview at a police station (PACE 9)
  • Simple caution
  • Conditional caution
  • Youth caution
27
Q

What is the process for reporting on summons?

A
  1. Point out the offence they’re suspected of…
  2. Give them the WHEN QUESTION CAUTION
  3. PLUS THREE
  4. Carry out a contemporaneous note book interview with them, which is signed by them if accurate.
  5. Tell them that they will be reported for the offence in question.
  6. Give them the NOW caution.
  • Remember that you must record any significant statements made, including time and date.
  • Don’t forget that you need their name and address in order for the summons to be processed.
28
Q

Who may execute a Section 32 search after arrest?

A
  • A constable

- A community support officer (however, with restrictions under Sec 38 Police Reform Act 2002).

29
Q

What is a Section 32 Search after arrest?

A

A person arrested at a place other than a police station may be searched:
- If the constable has REASONABLE GROUNDS FOR BELIEVING that the arrested person may present a DANGER to himself or others.
OR
- If the constable has REASONABLE GROUNDS FOR BELIEVING that the person may have CONCEALED on him anything which the person might use to assist him to ESCAPE from lawful custody.
OR
- Which might be EVIDENCE relating to AN OFFENCE, to the extent which is reasonable required for the purpose of discovering those things.

30
Q

What does DIE mean when searching under Section 32?

A

D: Danger/ Dangerous Articles
I: Implements to aid escape
E: Concealed evidence

31
Q

What is the extent of the search?

A
  • The person may be required to remove in public only the following items of clothing:
    J: Jacket
    O: Outer coat
    G: Gloves
  • The constable is authorised to search the persons mouth, under Section 32
  • Gender should be considered
  • Reasonable force may be used under Section 117 PACE
32
Q

What is a citizens arrest under Section 24A PACE?

A

A person other than a constable can arrest anyone who is in the act of committing an INDICTABLE OFFENCE or anyone who they have REASONABLE GROUNDS FOR SUSPECTING to be committing an indictable offence.

A civilian cannot arrest for an anticipated offence. The offence must actually be in the process of being attempted.

33
Q

What is a warrant?

A

A warrant directs a constable to carry out a specific action by a magistrate or judge.

34
Q

What are the main warrants?

A 
Arrest
-Arrest for an offence
- Failure to answer summons
- Arrest for non-payment of a fine
Commitment 
- If an early release prisoner fails to adhere to his conditions, the relevant agency can report this to a court and they can issue a commitment warrant. 
European Arrest
- European arrest warrants (EAW) are issued to facilitate extraditions.
35
Q

When making an arrest for the European Arrest Warrant, the following caution must be made?

A

“You are under arrest under the Extradition Act 2003. You do not have to say anything. Anything you do say may be given in evidence.”

DHEP Contemporary Criminal Justice (17 decks)

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