PACE

Question 1

what governs police powers in the investigation of crime?

Answer 1

PACE 1984 + Pace Codes of Practice

Question 2

result of officer failing to have regard to PACE?

Answer 2

not liable to criminal or civil proceedings

s.67(10) PACE 1984

Question 3

what does officer need to do for stop and search?

Answer 3

have reasonable ground for suspicion that he will find stolen or prohibited articles

Question 4

what makes reasonable suspicion?

Answer 4

1. genuine suspicion from the officer (subjective)

2. objective basis for that suspicion (objective)

Question 5

what does code G require for suspicion?

Answer 5

reasonable, objective grounds for the suspicion based on known facts and information

Question 6

what does facts and information also refer to?

Answer 6

everything

not just those indicating guilt

Question 7

what authorises an officer to use force?

Answer 7

s.117 PACE 1984

Question 8

when may an officer use force?

Answer 8

1. provision gives officer that power
2. provision doesn’t provide that power needs consent of person other than officer
3. then can use reasonable force if necessary when exercising that power

Question 9

how does court determine what force is reasonable?

Answer 9

consider all the circumstances

Question 10

circumstances court considers in reasonable use of force?

Answer 10

nature and degree of force
gravity of offence
harm that would flow from using force

Question 11

what if force results in serious injury?

Answer 11

doesn’t make it unreasonable

Question 12

what if excessive force is used?

Answer 12

doesn’t make arrest unlawful

Question 13

when should handcuffs be used?

Answer 13

1. reasonably necessary to prevent an escape

2. prevent a violent breach of the peace by a prisoner

Question 14

what if handcuffs are used unjustifiably?

Answer 14

1. constitutes a trespass

2. arrest is still lawful

Question 15

one interpretation of arrest?

Answer 15

person under compulsion and not free to go as he pleases

Question 16

test to determine if an arrest happens?

Answer 16

if the person has been deprived of liberty to go where they please

Question 17

will an arrest necessarily be followed by a charge?

Answer 17

no

Question 18

what makes an arrest lawful?

Answer 18

1. inform them they are under arrest (or as soon as is practicable after arrest)
2. inform of GROUNDS of arrest at time of it or as soon as practicable
3. inform them why arrest is believed to be necessary

Question 19

what happens if they are not informed why the arrest is believed to be necessary?

Answer 19

doesn’t make arrest unlawful

Question 20

what is the test for whether the words used were sufficient in an arrest?

Answer 20

having regard to all the circumstances of case
person was told in SIMPLE, NON-TECHNICAL LANG that he could understand
told the essential LEGAL + FACTUAL grounds of arrest

Question 21

what else must happen during arrest?

Answer 21

caution

Question 22

failure to caution?

Answer 22

doesn’t make arrest unlawful

may give grounds for exclusion of evidence

Question 23

what must officer do regarding everything concerning arrest?

Answer 23

record in pocket book

Question 24

when must officer make pocket book?

Answer 24

at time of arrest unless it is impracticable

Question 25

where must info about arrest go once at police station?

Answer 25

custody record

Question 26

what if a person is not arrested at police station or arrested by a civilian then taken by officer?

Answer 26

officer must take him to DESIGNATED POLICE STATION ASAP

Question 27

when can they be taken to a non-designated police station?

Answer 27

exceptional circumstances

Question 28

when can officer delay taking to police station?

Answer 28

if his presence at other place is necessary

Question 29

what if officer delays taking to police station?

Answer 29

record reasons why

Question 30

what if officer thinks there are no reason for arrest or releasing him on bail?

Answer 30

must release him and record the facts