Powers of Arrest

Question 1

Identify ways which person can be brought before court

Answer 1

Postal Charge Requisition
Summons
Arrest on Warrant
Arrest without Warrant

Question 2

State the 3 types of offence

Answer 2

Summary
Triable on Indictment
Triable Either Way

Question 3

Explain Summary, Indictable, + Either Way

Answer 3

Summary - Magistrates Only
Either Way - Either Court
Indictable - Crown Only

Question 4

What x3 things should be considered before making an arrest?

Answer 4

• Are there Grounds to arrest?
• Are there Powers to arrest?
• Is there a Necessity to arrest?

Question 5

What Power relates to arrest?

Answer 5

S24 PACE
Code G PACE codes of Practice

Question 6

Explain JPLANE

Answer 6

Justified
Proportionate
Lawful
Accountable
Necessary
Ethical

Question 7

What are the x3 elements required for a lawful arrest?

Answer 7

• A Person’s Involvement
• A Person’s Suspected Involvement
  -A Person’s Attempted Involvement

in commission of a criminal offence.

Question 8

What Information has to be given to person when arrested/as soon as practicable?

Answer 8

-They are under arrest
-Grounds for arrest
-Necessity for arrest
-Caution “When Questioned”

Question 9

Explain “Reasonable Grounds”

Answer 9

Reasonable = Conclusion one or more people would reach in an agreement.
Grounds=A reason for a thought to exist.

KNOW
BELIEVE
SUSPECT

Question 10

What needs to be considered in Reasonable Grounds?

Answer 10

BEHAVIOUR
ACTIONS
INTELLIEGENCE
TIME
PLACE

Question 11

Explain IDCOPPLAN

Answer 11

Investigation
Disapearance
Child
Obstruction
Physical injury
Public Decency
Loss or Damage
Address
Name

Question 12

List alternatives to Arrest

Answer 12

Restorative Justice
Postal Charge Requisition
Warning
Caution
Advise
Persuade
Youth Referral
NFA - Discretion

Question 13

Explain de-arrest process

Answer 13

Explain they are no longer under arrest
Submit intelligence report
Complete EPNB entry
Notify other officers
Record details
Consider Vulnerabilities

Question 14

What’s the difference between Postal Charge Requisition and a Summons?

Answer 14

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.

Question 15

Outline the process for obtaining Summons

Answer 15

Summary offence occurs

Report offender (NOW caution)

Complete Process File

Decision made to prosecute

Information laid for summons

Summons issued

Question 16

Explain Common + Statue Law

Answer 16

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.

Question 17

What does arrest mean?

Answer 17

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”

Question 18

Explain “Grounds”

Answer 18

Know
Believe
Suspect

A reason for a thought to exist

Question 19

What’s needed in reasonable grounds to suspect?

Answer 19

BEHAVIOUR
ACTIONS
INTELLIGENCE
TIME
PLACE

Question 20

What powers do police have to arrest without warrant?

Answer 20

S24(1) PACE 1984

About to commit an offence
In the act of committing offence

Question 21

What does S24(3) PACE 1984 relate to?

Answer 21

An offence HAS been committed.
Officer can arrest anyone who is guilty / have reasonable grounds to suspect being guilty

Question 22

What does S24(1) PACE 1984 relate to?

Answer 22

Arrest without warrant

• About to commit offence
  -In Act of

Question 23

What does CODE G PACE expect?

Answer 23

Balance between suspects right to liberty against investigation of crime

Question 24

Explain de-arrest procedure

Answer 24

Explain no longer under arrest
Submit intel report
Complete EPNB entry
Inform other officers
Record details
Consider vulnerabilities

Question 25

What vulnerability signs need to be considered when arresting someone?

Answer 25

Appearance
Behaviour
Signs of injury/illness
Level of communication
Environment/circumstances they were found

Question 26

Explain the detention clock

Answer 26

Maximum period detention without charge = 24 Hours

Can extend to 36 hours if requirments of PACE 1984 satisfied

36Hrs+ = Magistrate issues warrant of further detention

Maximum detention without charge time = 96 Hours

Question 27

Explain the pre-custody check SCREEN

Answer 27

SEARCH PERSON

CHECKS (PNC, NICHE)

RISK ASSESS (RESTRAINTS)

ESCORT (SUPERVISE ALL TIMES)

ESTABLISH (NEEDS, APP ADULT, INTERPRETER, MEDICATIONS)

NOTE + RECORD (ALL ACTIONS + INFORM CUSTODY)

Question 28

What information needs to be considered before making an arrest?

Answer 28

The event
Who’s involved
Suspect
Victim
Physical/Mental health that needs attention?
Offences

Question 29

What Legislation relates to Use of Force?

Answer 29

117 PACE 1984
Common Law
S3 Criminal Law Act 1967

Question 30

What needs to be logged in EPNB AFTER arrest

Answer 30

Circumstances that led to arrest
Why arrest was necessary
“When” caution given
Anything said by person being arrested

Question 31

Explain Relevant + Significant Comment

Answer 31

Relevant - Anything related to offence
Significant - Anything that can be used in evidence