***Powers of Arrest***

Question 1

What are the 4 ways which a person can be brought before a court?

Answer 1

1) Arrest without warrant
2) Arrest on warrant
3) Summons
4) PCR (Postal Charge Requisition)

Question 2

What is a summons?

Answer 2

A document signed by a Justice, magistrate or Clerk of the court which stands as a written order telling the addressed person to attend court on a given date and time. Could be to

1) Answer for a charge
2) To give evidence
3) To produce exhibits

Question 3

What is the sequence of events leading to a summons being issued?

Answer 3

1) Officer sees someone committing an offence
2) Officer warns the person that they will be reported for the offence they have just committed
3) Officer completes a pocket notebook entry
4) Written report submitted to supervisory officer
5) Decision made whether to prosecute, caution or take no further action. If the decision is made to prosecute, an application is made for a summons

Note: Essentially POCLAROC with the written report given to a supervisory officer and a decision on what to do added to the end

Question 4

When can a court issue a witness summons?

Answer 4

A court can issue a witness summons to ensure a witness attends court if:

1) a person is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the court

2) The court is satisfied that it is in the interest of justice to do so

Question 5

What is a warrant?

Answer 5

A warrant is a written document issued by a magistrate or a judge which instructs the specified persons (normally a constable) to whom it is addressed to do a particular act

Examples of warrants:

1) COMMITMENT WARRANT (the person has been found guilty of an offence without their presence in court, so a warrant is issued to take them to prison)
2) ARREST WARRANT
3) FAILURE TO ANSWER A SUMMONS
4) NON-PAYMENT OF A FINE
5) ARREST WITH BAIL CONDITIONS
6) EUROPEAN ARREST WARRANT
7) SEARCH WARRANT

Question 6

What are the three types of offences?

Answer 6

1) Summary (Magistrates Court)
2) Either way (Either Magistrates or Crown)
3) Indictable (Crown court)

Question 7

What is common law?

Answer 7

the law of the country which gave powers of arrest ‘to any person’. Largely been replaced by statute law

Question 8

What is statute law?

Answer 8

1) Parliament debate on a proposal and create a BILL
2) BILL gets sent off for Royal Approval
3) When Royal Approval is gained, it is known as ROYAL ASSENT
4) When ROYAL ASSENT is gained, the BILL becomes an ACT OF PARLIAMENT
5) ACT OF PARLIAMENT is STATUTE LAW

Question 9

What is the purpose of an arrest?

Answer 9

The purpose of an arrest is to make a suspect submit to the criminal justice system

Question 10

Definition of an arrest

Answer 10

An arrest is the taking of a person’s liberty and preventing them from going about their lawful business.

An arrest occurs when a police officer states to an individual that they are arresting them or when they use force to restrain the individual concerned

It occurs also when, by words or conduct, they make it clear that they will, if necessary, use force to prevent the individual from going where they may want to go

Question 11

‘4 elements’ for a lawful arrest

Answer 11

The person’s involvement

OR

Suspected involvement

OR

Attempted involvement in the commission of a criminal offence

AND

Reasonable grounds for believing the person’s arrest is neccessary

Question 12

What is JPLANE?

Answer 12

J = Justifiable
P = Proportionate
L = Legal
A = Accountable
N = Necessary
E = Ethical

Question 13

What information needs to be given to a person when they are arrested?

Answer 13

1) That they are under arrest
2) The grounds for their arrest
3) The necessity for their arrest
4) The caution

Question 14

5 things that can make up reasonable grounds

Answer 14

1) Behaviour
2) Actions
3) Intelligence
4) Time
5) Place

Question 15

Define Section 24(1) PACE 1984

Answer 15

A Constable may arrest without warrant anyone;

a). who is about to commit an offence,
b). who is in the act of committing an offence,
c). whom he has reasonable grounds for suspecting to be
about to commit an offence, or
d). whom he has reasonable grounds for suspecting to be
committing an offence.

Question 16

Define Section 24(2) PACE 1984

Answer 16

If an officer has reasonable grounds for suspecting that an offence has been committed, they may arrest anyone whom they have reasonable grounds to suspect of being guilty of it

Question 17

Define Section 24(3) PACE 1984

Answer 17

If an offence has been committed, an officer may arrest anyone who:

a) Is guilty of the offence
b) They have reasonable grounds for suspecting to be guilty of it

Question 18

What are the necessities for arrest?

Answer 18

I: Prompt and effective investigation into the alleged
offence or conduct of the person in question
D: Prevent the person’s disappearance
C: Protect a child or other vulnerable person
O: Prevent unlawful obstruction to the highway
P: Prevent further harm to themselves or others
P: Prevent an offence against public decency
L: Prevent further loss or damage to property
A: Obtain the person’s address
N: Obtain the person’s name

Question 19

5 things under ‘prompt and effective investigation’

Answer 19

1) Interview the suspect
2) Specific investigative needs
3) Take samples and impressions
4) Search, examine or photograph
5) Class A drug testing

Note: For 1, this is when a voluntary attendance wouldn’t be practical for whatever reason, the person will likely destroy or dispose of evidence, make contact with other suspects, make contact with and/or threaten the victim/witness. Also need to refer to Special Warning material in interview

For 5, this explicitly states Class A drug testing. Therefore, can’t go using this as a necessity for trigger offences if you don’t think class A drugs are involved.

Question 20

What are some preserved powers of arrest under Section 2 PACE 1984?

Answer 20

1. S49 Prison Act 1952 (unlawfully at large)
2. S13 Visiting Forces Act 1955 (deserter / absentee)
3. S32 Children & Young Persons Act 1969 (detention of
   absentee)
4. S7 Bail Act 1976 (absconding from bail)
5. S18, S35(10), S36(8), S38(7), S136(1), S138 Mental Health
   Act 1983
6. S5(5) Repatriation of Prisoners Act 1984 (prisoner
   unlawfully at large)

Question 21

Alternatives to arrest

Answer 21

NFA
VA
Caution
Fixed Penalty Notice
PCR
Restorative Justice
Community Resolution
Youth Referral
Report for summons

Question 22

Define Section 30(7) PACE 1984

Answer 22

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 or her under arrest. The constable must record the fact that this has happened.

Question 23

6 factors for a vulnerability assessment

Answer 23

1. Appearance
2. Behaviour of the detainee
3. Any signs of illness or injury
4. Style and level of communication
5. Collaborative information from all sources
6. The circs + environment where they were found