Planning or Deciding to Arrest

Question 1

1. In the majority of cases, why is an arrest made?

Answer 1

With the purpose of taking a person to the formal environment of a police station, for the purposes of investigating an offence the person is suspected of committing

Question 2

2. Prior to an arrest what information should you take into account

Answer 2

• The event (what has happened?)
• The individuals involved (i.e. Victims, suspects or/& witnesses)
• Whether there are any physical injuries or mental ill health concerns, which require medical attention (consider all parties involved)
• Any offence
• The needs of the investigative process

Question 3

3. Regarding your suspect/s what information could you use at your disposal to assist you as a police officer

Answer 3

PNC & PND checks, whether they have had pervious encounters with the police. Do they display any physical or mental health concerns to you? Are they a risk of harming themselves or others?

Question 4

4. Prior & during an arrest what should you continually be doing

Answer 4

Dynamically risk assessing

Question 5

5. Name at least 5 elements you will need to consider, when developing an arrest strategy

Answer 5

• Circumstances of the offence
• Authority for search
• Nominated officer in charge of the arrest team
• Nominated officer in charge of the search team
• Other relevant staff involved in the arrest
• Communication methods
• Method of entry
• Items to be searched for
• Methods of recovery

Question 6

6. When making an arrest under Section 28 PACE & Code G (Codes of Practice) what does it state regarding an arrest?

Answer 6

An arrest is not lawful unless at the time, or as soon as practicable (the officer) informs the person they are under arrest.

Question 7

7. When making an arrest what information should be given to the suspect

Answer 7

• That they are under arrest (even if it’s obvious)
• The ground for the arrest (the offences for which they have been arrested)
• The necessity
• The caution (When Questioned)

Question 8

8. Write down the caution in full

Answer 8

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

Question 9

9. A police officer can use reasonable force, if necessary, in the exercise of any power under PACE 1984, where is this stated within the PACE act

Answer 9

Section 117

Question 10

Section 3 of the Criminal Law Act 1967 states that a person may use such force as is reasonable. This power can be used by any person, list the circumstances when they can do this

Answer 10

• To prevent a crime
• Effecting or assisting in a lawful arrest of offenders or suspected offenders
• Effecting or assisting in a lawful arrest of persons unlawfully at large

Question 11

A Police officer’s presence, including the way they approach the scene, their manner, appearance, professionalism & ability to communicate effectively (both verbally & non- verbally) is extremely important when determining whether reasonable force is necessary during an arrest. What might be your response options?

Answer 11

• Officers presence
• Verbal communication skills
• Primary control skills – Use empty hand skills (escort position, pressure points, arm-locks, wrist-locks, use of handcuffs & restraints using a baton)
• Secondary control skills – Use of incapacitant.
• Defensive & offensive tactics – Blocks, strikes, takedowns with empty hands, batons or rigid handcuffs (takedowns only)
• Deadly force – Any action likely to cause serious injury or death use of unarmed skills, batons, firearms or by any other means

Question 12

Where a second offence is identified when an individual is already under arrest what MUST you consider?

Answer 12

The necessity test criteria

Question 13

In such cases you must inform the individual that they are also under arrest for the other offence. What section of PACE would you find this information?

Answer 13

31

Question 14

What does Section 30 (7) PACE 1984 state

Answer 14

A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station, that there are no grounds for keeping him/her under arrest or releasing him/her on bail. The constable must record the fact that this has happened

Question 15

De-Arresting can only take place before arrival at a police station, True or False?

Answer 15

True

Question 16

After the arrest, what information MUST be recorded in the E-PNB as soon as possible?

Answer 16

• Nature & circumstances of the offence leading up to the arrest
• Reason/s why the arrest was necessary
• That a ‘When questioned’ caution was given
• Anything said by the person at the time
• Any use of force must be accurately recorded

Question 17

Q1. How are detained persons (DP) transported to police station custody suites?

Answer 17

Police car, Police Van. If the station is close by the prisoner can be walked. Public transport must not be used

Question 18

Where should a prisoner be seated when being transported in a police car?

Answer 18

Prisoner should be sat behind the front passenger seat with an escorting officer sat next to them behind the driver

Question 19

What should you do before placing a prisoner in a police vehicle and transporting them to a custody suite

Answer 19

Search the prisoner prior to placing them in a police vehicle. Search the vehicle in the prisoner’s presence, remove all equipment from the area in the vehicle where the prisoner will be placed, activate childlocks. Also need to consider any health & safety issues if the prisoner is behaving in an aggressive manner or has a physical / mental disability. Also need to consider cross contamination between suspect and victim. Different vehicles / officers to be used

Question 20

Female officers must be accompanied by a female officer when transported to custody. What do you need to do if a female officer is not available?

Answer 20

At least 2 male officers must act as escorts. The same course of action apllies to male prisoners and female officers

Question 21

Where MUST a suspect be taken as soon as practicable after arrest

Answer 21

A designated police station

Question 22

What is meant by the term “designated police station

Answer 22

A designated police station is one where a chief officer of police has decided can provide suitable accommodation for the purpose of detaining arrested persons.

Question 23

Under what circumstances would a delay in transporting a prisoner to custody be considered?

Answer 23

• Where there is a need to make immediate enquiries e.g. to conduct a search after arrest.
• Where there is a need to wait for suitable transport e.g. due to a large number of people being arrested.
• Medical emergencies e.g where the detainee is taken directly to hospital for urgent treatment.

Question 24

Are officers permitted to discuss the alleged offence with the detainee whilst transporting them to a custody suite

Answer 24

Any discussion of the alleged offence on the way to the police station should be avoided. This is because any questioning of a person regarding their involvement or suspected involvement in a criminal offence is considered an interview. Interviews must be carried out under caution at a suitable place (Code c, para 11.1A). However if the suspect freely provides information then this should be treated as a significant statement / relevant comment

Question 25

Under what circumstances may a constable take an arrested person to a police station that is NOT a designated police station?

Answer 25

• The constable has arrested the person without the assistance of another constable and none are available to assist him / her OR • The constable has taken the person into custody from a person other than a constable without the assistance of another constable and none are available to assist AND • It appears that the constable will be unable to take the arrested person to a designated police station without the arrested person injuring themselves, the constable or another person. If the first police station to which an arrested person is taken after their arrest is not a designated police station, they shall be taken to a designated police station not more than six hours after their arrival at the first police station unless released previously.

Question 26

Describe what is meant by the term “detention

Answer 26

A person is in detention when he or she has been arrested for an offence and brought to a police station OR Has voluntarily attended a police station and is subsequently arrested and is detained there or elsewhere in the charge of a constable

Question 27

What is the maximum period of detention without charge?

Answer 27

The maximum period of detention without charge is generally 24 hours from the relevant time. The relevant time means the time an arrested person arrives at the first police station they are taken to

Question 28

A period of detention can be extended for up to how long with a Superintendents authority

Answer 28

36 hours

Question 29

Detention over 36 hours is only permitted in what circumstances?

Answer 29

Where a Magistrates Court issues a warrant of further detention. The overall maximum period of detention without charge is 96 hours from the relevant time

Question 30

When dealing with apparent drunken suspects what 4 things should you do

Answer 30

* Assess response * Consider illness * Call ambulance * Duty of care

Question 31

Under Section 135 Mental Health Act 1983, what places are deemed “ a place of safety

Answer 31

* Any residential accommodation provided by a local social services authority * A hospital * An independent hospital or care home for mentally disordered patients * Any other suitable place where the occupier is willing to receive the patient temporarily * Police station however this should not be the automatic option for a place of safety

Question 32

Can juveniles (persons under the age of 18) detained under the Mental Health Act be taken to a police station as a place of safety

Answer 32

The news Section 136A (1) means that it is unlawful to use a custody suite as a place of safety for a person under the age of 18 under any circumstances. Juveniles only attend a designated place of safety.

Question 33

When taking a person into a custody suite, what must the custody sergeant be informed of?

Answer 33

* The relevant circumstances of the arrest – offence and reasons for arrest. * Time of arrest * Involvement of suspect * Time of arrival at the police station – relevant time * Necessity for arrest * Use of force or restraint used during arrest * Any knowledge of medical, religious or other needs

Question 34

List the statutory rights available to a person under arrest at a police station

Answer 34

• The right to have somebody informed of their arrest • The right to free and independent legal advice and consult with a solicitor in person or by telephone. • The right to consult the PACE Codes of Practice These are continuing rights which may be exercised at any stage during the period in custody

Question 35

Custody records are completed for each suspect in custody. What types of information do custody records contain

Answer 35

Personal information relating to the detained person, every action or decision made about or in respect of the detained person. Every entry is timed and signed. The custody record acts as a diary of events for the whole time that the person is in detention

Question 36

Section 54 PACE provides a custody officer with a power to search, seize and retain any items which have been found during the search of detained persons. List the reasons why a custody officer may seize and retain any property recovered

Answer 36

a custody officer may seize any property if it is believed that the person may: • Cause physical injury to themselves or any other person • Damage property • Interfere with evidence • Assist them to escape • There are reasonable grounds to believe that they may be evidence relating to an offence

Question 37

When would a strip search be deemed necessary

Answer 37

A strip search may only take place if it is considered necessary to remove an article which a detainee would not be allowed to keep and the officer reasonably considered that the person may have concealed such an article.

Question 38

Who can carry out an intimate search

Answer 38

Only a registered medical practitioner or registered nurse may carry out an intimate search. However if an officer of at least the rank of Inspector considers this is not practical and the search is to take place to find anything the detainee could and might use to cause physical injury to themselves or others, a police officer of the same sex as the detainee may carry out the search. A search by a police officer must be considered as a last resort and when the authorising officer is satisfied the risks associated with allowing the item to remain with the detainee outweigh the risk associated with removing it.