Policing Flashcards
NDM (CIAPOAR)
Code of ethics Information assessment powers and policy options actions review.
Defences
Automatism duress consent self defence mistake inanity intoxication infancy
actus reus
guilty act
mens rea
Guilty mind
Criminal attempts act 1981
Attempting to commit an offence where the person does an act more than merely preparatory.
what is PLANE
Proportionate legal accountable necessary ethical
what is an arrest
actual physical restraint
OR
words/conduct making it clear that the person will be restrained by force.
what is the anatomy of an arrest
- prior to arrest
the arrest (section 24 of pace) on suspicion X2
the arrest section 24 on belief
caution and significant statements/silences
section 32 - search
pace section 24A (arresting without a warrant)
what should be done prior to arrest
everyone should be told in a language that they understand
they should be brought before a judge or authorised officer promptly
if the grounds for detaining cease then dearrest.
what risk assessment is done before arrest. what info is needed?
About the event or what is believed to have happened
about the individual
location
Section 24 PACE
police constable with statutory powers of arrest for any offence.
necessity for arrest.
COPPLANNED
child or vulnerable adult obstruction of a highway physical injury public decency loss or damage to property address unknown or doubted name unknown or not readily ascertained. name doubted effective and prompt investigation disappearance of the person - preventing prosecution.
Section 28 pace and code G
inform the person that they are under arrest and what for ground for arrest necessity for arrest (copplanned) outline facts and other info when questioned caution
what do we need to record during an arrest (FANGS)
Fact of the matter Any evidential speech Necessity for arrest Giving the caution Sufficient info to comply with pace
what section of pace is to do with reasonable force
117
what is section 30 of pace
arrest anywhere other than a police station
- a person must be taken by a constable to a police station as soon as practicable
what is PACE s.32
power to search a person after arrest and where certain criteria exist.
applies only outside of a police station
always search a person before putting them inside a police vehicle.
what doe D.I.E mean
Danger. - to themselves or others
implement - to escape
Evidence - of anything related to any offence.
what is the extent of a search in a public place?
JOG
Jacket
Outer clothing
Gloves
when transporting a detainee what do we need to consider (LEAPPLEA)
Local intelligence establish action prior to police intervention actions on contact PNC warning markers physical disability length of journey extent and result of search assess condition of detainee.
when do we have to consider taking a detainee to hospital. (BASHED)
Believed to have taken drug overdose
are or have been unconscious
suffering medical condition that need immediate attention
have had a serious injury
eaten swallowed or packed drugs
detention always comes after medical treatment.
what are the 7 alternatives to arrest
Community resolution restorative justice fixed penalty notice cautions postal charge (summons) officer discretion voluntary interview.
what is community resolution
instant deferred or involve restorative justice the victim must be consulted the offender has no previous offender accepts responsibility does not result in a criminal record.
what is restorative justice?
bringing those individuals harmed by a crime or conflict with those responsible to find a positive way forward.
voluntary interview
they can leave at any time
right to free legal advice
copy of rights and entitlements
under caution.
postal charges
issue written charge - to attend court on a specific day
makes process of bringing offender to court quicker
frees up custody block.
Powers of entry. S.17
power to enter and search a property for the purposes of WASPS
Warrant arrest - indictable statutory powers of arrest pursuing people unlawfully at large saving life and limb and serious damage to property.
Section 18 (1) pace
written authorisation from inspector or above
occupied or controlled property
of a person under arrest
reasonable grounds to suspect
section 18(5) pace
can search a premises after arrest without authority of inspector or higher.
prior to taking person to police station
if the prisoner’s presence is required for the effective investigation of the offence.
must inform inspector as soon as.
definition of assault
any act which intentionally or recklessly causes a person to aprehend immediate and unlawful personal violence.
what is battery
the application of force.
common assault section 39
no injury caused.
assault and battery.
ABH section 47
any assault occasioning in actual bodily harm
GBH S20
whosoever shall unlawfully and maliciously wound or cause GBH upon any person either with or without a weapon.
GBH with intent S18
whosoever shall unlawfully and maliciously wound or cause grievous bodily harm to any person with the intent to do some GBH. OR resist or prevent the lawful apprehension or detainment of any person.
s29 assault
throwing a corrosive fluid on a person.
