Powers of Arrest Flashcards
Identify ways which person can be brought before court
Postal Charge Requisition
Summons
Arrest on Warrant
Arrest without Warrant
State the 3 types of offence
Summary
Triable on Indictment
Triable Either Way
Explain Summary, Indictable, + Either Way
Summary - Magistrates Only
Either Way - Either Court
Indictable - Crown Only
What x3 things should be considered before making an arrest?
- Are there Grounds to arrest?
- Are there Powers to arrest?
- Is there a Necessity to arrest?
What Power relates to arrest?
S24 PACE
Code G PACE codes of Practice
Explain JPLANE
Justified
Proportionate
Lawful
Accountable
Necessary
Ethical
What are the x3 elements required for a lawful arrest?
- A Person’s Involvement
- A Person’s Suspected Involvement
-A Person’s Attempted Involvement
in commission of a criminal offence.
What Information has to be given to person when arrested/as soon as practicable?
-They are under arrest
-Grounds for arrest
-Necessity for arrest
-Caution “When Questioned”
Explain “Reasonable Grounds”
Reasonable = Conclusion one or more people would reach in an agreement.
Grounds=A reason for a thought to exist.
KNOW
BELIEVE
SUSPECT
What needs to be considered in Reasonable Grounds?
BEHAVIOUR
ACTIONS
INTELLIEGENCE
TIME
PLACE
Explain IDCOPPLAN
Investigation
Disapearance
Child
Obstruction
Physical injury
Public Decency
Loss or Damage
Address
Name
List alternatives to Arrest
Restorative Justice
Postal Charge Requisition
Warning
Caution
Advise
Persuade
Youth Referral
NFA - Discretion
Explain de-arrest process
Explain they are no longer under arrest
Submit intelligence report
Complete EPNB entry
Notify other officers
Record details
Consider Vulnerabilities
What’s the difference between Postal Charge Requisition and a Summons?
Summons - Document that tells person to attend court some date in future. Case laid before court, court summons person. Written and signed by magistrate or clerk.
PCR - Straight from police officer for person to attend court to answer to charge.
Outline the process for obtaining Summons
Summary offence occurs
Report offender (NOW caution)
Complete Process File
Decision made to prosecute
Information laid for summons
Summons issued
Explain Common + Statue Law
Common Law - Power of this country. Gave power of arrest to any person for many offences.
Statue Law - Power of arrest given in Act of Parliament.
What does arrest mean?
Taking away someone’s liberty + preventing them from going about their lawful business.
Make clear by words or conduct will use reasonable force to prevent “going where they want to go”
Explain “Grounds”
Know
Believe
Suspect
A reason for a thought to exist
What’s needed in reasonable grounds to suspect?
BEHAVIOUR
ACTIONS
INTELLIGENCE
TIME
PLACE
What powers do police have to arrest without warrant?
S24(1) PACE 1984
About to commit an offence
In the act of committing offence
What does S24(3) PACE 1984 relate to?
An offence HAS been committed.
Officer can arrest anyone who is guilty / have reasonable grounds to suspect being guilty
What does S24(1) PACE 1984 relate to?
Arrest without warrant
- About to commit offence
-In Act of
What does CODE G PACE expect?
Balance between suspects right to liberty against investigation of crime
Explain de-arrest procedure
Explain no longer under arrest
Submit intel report
Complete EPNB entry
Inform other officers
Record details
Consider vulnerabilities
