Module 1 - Arrest Flashcards
When deciding whether to arrest any person, what must you ensure?
Are there sufficient grounds?
e.g. reasonable grounds to suspect?
Is the arrest necessary by virtue of the nature, gravity and circumstances of the offence?
For an arrest to be lawful what must you, as soon as is practicable, tell a person?
They are under arrest
The grounds for arrest
The Caution
The necessity for arrest i.e the criteria (Think COPPLANED)
Once a person has been arrested a police officer may search that person before they arrive at the police station. Section 32 of PACE gives the authority for you to conduct this search. This is an important and useful power. There have been tragic cases where prisoners have injured officers after arrest by using hidden weapons. Vital evidence has also been lost where the prisoner has disposed of property before arrival at the police station. The search must be conducted lawfully as per the terms of section 32 PACE so what Mnemonic can be used to remember grounds for the search?
D - Danger to anyone
I - Implement to escape
E - Evidence of any offence
A Search must be carried out as far as possible out of public view but if you do search in a public place you cannot require your prisoner to remove any clothing other than?….
J - Jackets
O - Outer Garments
G - Gloves
NB. You cannot ask them to remove their hat in public.
When you have made an arrest you should call for transport and either a patrol car or a police van will attend. If they are transported in a car where should they be seated?
In a car the prisoner should be put in the rear seat, but not behind the driver and seat belts must be worn. A police officer should sit next to the prisoner.
What should you do before a prisoner gets in a Police vehicle and at the end of the journey?
Search the vehicle before the prisoner gets in and at the end of the journey, especially under the rear seat.
Can you recite the ‘When’ Caution?
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.
Can you recite the ‘Now’ Caution?
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.
What is the purpose of an arrest?
The purpose of an arrest is a means of bringing a person before a court. An arrest should never be used as a form of punishment.
What are the three ways of bringing a person before a court?…
- Summons
- Arrest with a warrant
- Arrest without a warrant
Whats options do you have that should be considered before arresting an offender and taking them to a station?
- Report for summons.
- Issue a fixed penalty.
- Arrest and street bail.
- Voluntary attendance to a police station.
A lawful arrest requires two elements. What are they?
- A person’s involvement or suspected/attempted involvement in an offence.
- Reasonable grounds for believing that the persons arrest is necessary.
What is the Mnemonic DABS?
A Police Constable can arrest:
D – DURING
IS committing an offence or reasonable grounds to suspect is committing.
A – After
An offence HAS been committed may arrest anyone who is guilty OR reasonable grounds to suspect is guilty.
B – Before
ABOUT to commit an offence OR reasonable grounds to suspect is about to.
S – Suspect
Reasonable grounds to suspect an offence HAS BEEN committed and reasonable grounds to suspect that person is guilty of it.
What does the C stand for in COPPLANED?
C - Child/vulnerable person – to protect from the offender
What does the O stand for in COPPLANED?
O - Obstruction – to prevent obstruction of the highway
