Power Of Arrest

Question 0

What are your powers of arrest for minor/statutory offences?

Answer 0

Refusal of suspect to desist.
Abode is not fixed.
Interest of offender or public.
Satisfaction of name & address not ascertained.
Evident intention to abscond.

Question 1

What are your powers of arrest at common law?

Answer 1

Seen a crime been committed.
Witness has just seen the suspect committing the crime.
Offensive to public decency.
Running away from scene pursued by others.
Danger to public.

Question 2

Give an example of conditional power of arrest.

Answer 2

You can arrest the driver of a vehicle who commits an offence under section 2 of the dangerous and careless driving act UNLESS he produces his driving license, or gives his name and address (and you believe this to be correct).

Question 3

Give an example of unconditional power of arrest.

Answer 3

You can arrest someone who takes a motor vehicle.

Question 4

Give an example of silent power of arrest.

Answer 4

Urinating in a place where it would cause annoyance to another person. You would use your discretion whether to arrest (RAISE).

Question 5

How do you justify arrest?

Answer 5

If a summons/ fixed penalty would not equally serve the interests of justice.
Must consider-
Character of offender.
Evidence available.
Nature of crime.
Circumstances under which crime was committed.

Question 6

What happens to your power of arrest over time?

Answer 6

It diminishes after the crime has been committed.