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Exam > Powers Of Arrest > Flashcards

Powers Of Arrest Flashcards

1
Q

What are the 3 ways in which a person may appear in court

A

1) summons
2) Arrest on warrant by order of the court
3) Arrest without warrant

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2
Q

What is a summons

A

Order generated by the court directed to a person who has committed an offence. Used for less serious offences

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3
Q

What are the 4 types of court

A

1) Crown/high court
2) magistrates court
3) Country/civil court
4) coroner’s court

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4
Q

What section of P.A.C.E is a constable power to arrest

A

Section 24 of PACE 1984

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5
Q

What section of P.A.C.E is a normal person power to arrest

A

Section 24A PACE 1984

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6
Q

What section of PACE is search upon arrest

A

Section 32 PACE 1984

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7
Q

What section of PACE is further arrest at police station

A

Section 54 PACE 1984

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8
Q

What section of P.A.C.E is de-arrest

A

Section 30 PACE 1984

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9
Q

What does code G of PACE deal with

A

Deals with the statutory power to arrest a person who is involved, or suspected of being involved, in a criminal offence

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10
Q

What does code G state how the power of arrest must be used

A
  • Fairly
  • Responsibly
  • With respect
  • without unlawful discrimination
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11
Q

What does code G state consideration should be given to in regards to arrest

A

Whether the necessary objectives can be met by other, less intrusive means

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12
Q

4 types of Reasonable grounds to suspect

A
  • Past
  • Present
  • Future
  • Double suspicion
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13
Q

What is double suspicion

A

-reasonable grounds to suspect an offence has been committed and reasonable grounds to suspect they are guilty of it

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14
Q

Define an arrest

A

The taking of a person’s liberty in order to answer an alleged offence

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15
Q

What section of PACE is use of force

A

Section 117 PACE 1984

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16
Q

What does section 117 of PACE 1984 allow

A

Allows police officers where necessary to use force

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17
Q

Give examples when police officers can use reasonable for under section 117 PACE 1984

A
  • Arrest
  • Powers of entry and search
  • Stop and search
  • Power to obtain fingerprints
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18
Q

What does use of force section 3 criminal law act 1967 state

A

A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large

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19
Q

Anagram for necessity for arrest

A

COPPLANED

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20
Q

What is İ in İDCOPPLAN

A

İnvestigation

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21
Q

What is D in İDCOPPLAN

A

Disappearance

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22
Q

What is C in İDCOPPLAN

A

Child/vulnerable person

23
Q

What is O in İDCOPPLAN

A

Obstruction of highway

24
Q

What is P1 in İDCOPPLAN

A

Physical injury

25
Q

What is P2 in İDCOPPLAN

A

Public decency

26
Q

What is L in İDCOPPLAN

A

Loss or damage

27
Q

What is A in İDCOPPLAN

A

Adress

28
Q

What is N in İDCOPPLAN

A

Name

29
Q

Give 6 examples of when investigation may be as a neccesity for arrest

A
  • Has made false statements
  • has presented false evidence
  • may steal or destroy evidence
  • may contact co-suspects or conspirators
  • may intimidate, threaten or contact witnesses
  • where necessary to obtain evidence by questioning
30
Q

Give 2 examples of when disaperance may be used as a neccesity for arrest

A
  • will not attend court if charged
  • will not answer bail if bail is granted
31
Q

Give 1 example of when child or vulnerable person may be used as a neccesity for arrest

A

To protect child or vulnerable person from the arrested person

32
Q

Give 1 example of when obstruction of the highway may be used as a neccesity for arrest

A

Person is causing an obstruction of the highway, and only their removal/arrest will resolve the obstruction

33
Q

Give 2 examples of when physical injury may be used as a neccesity for arrest

A
  • To prevent the person in question causing physical injury to himself or any other person
  • To prevent the person in question suffering physical injury
34
Q

Give 1 example of when public decency may be used as a neccesity for arrest

A

Only applicable if the public cannot avoid the person whilst going about their normal business

35
Q

Give 1 example of when loss or damage may be used as a neccesity for arrest

A

To prevent the relevant person causing loss or damage to property

36
Q

Give 1 example of when address may be used as a neccesity for arrest

A

To ascertain the address of the relevant person

37
Q

Give 1 example of when name may be used as a neccesity for arrest

A

To enable the name of the relevant person to be ascertained

38
Q

4 pieces of information to be provided up arrest of suspect

A

1) person to be told that they are under arrest
2) informed of the grounds for the arrest
3) informed of the necessity reason
4) the caution (when caution)

39
Q

İnformation to be recorded in pocket notebook on arrest

A
  • the nature and circumstances of the offence leading to the arrest
  • time of arrest
  • the reason why the arrest necessary
  • the giving of the caution
  • D/P reply to caution (direct speech)
40
Q

When may a person me searched

A
  • when they have been arrested
  • not at a police station
  • if constable has reasonable grounds to believe the arrested person DİE
41
Q

What is the D in DİE of search upon arrest

A

May present DANGER to himself or others

42
Q

What is the İ in DİE of search upon arrest

A

May have an İMPLEMENT used to assist him to escape from lawful custody

43
Q

What is the E in DİE of search upon arrest

A

May have EVİDENCE relating to an offence

44
Q

What is the limitation of a search

A

You can only search to the extent that is reasonably required for the purpose of the discovering the item you are looking for

45
Q

What is the anagram for what you can remove in a public place to search someone

A

JOG

46
Q

What does JOG stand for in relation to search

A

J - Jacket
O - Outer coat
G - gloves

47
Q

What are 3 things you must abide by when transporting prisoners

A
  • Following arrest no discussion regarding the alleged offence should take place
  • Officers should not ask any questions regarding the alleged offence (this is deemed an interview)
  • if the suspect freely provides information regarding the offence, follow significant statement procedures.
48
Q

What section of PACE is further arrest under

A

Section 31 1984

49
Q

When do you use further arrest

A
  • when person is already under arrest
  • is at police station
  • if released from custody person would be liable for arrest of another offence
  • same procedure as other arrests, remind D/P they are still under caution
50
Q

What must you do when you further arrest a suspect

A

İnform custody sgt

51
Q

What section of PACE is de-arrest

A

Section 30

52
Q

When must you de-arrest someone

A

İf it becomes apparent that grounds/necessity no longer exist, the D/P must immediately be de-arrested

53
Q

What must you do when you de-arrest someone

A
  • the suspect must be informed they are no longer under arrest
  • time of de-arrest just be noted
  • must complete full PNB entry
  • İnform custody sgt
  • a custody record must be made

Exam (29 decks)

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