Powers Of Arrest Flashcards
What are the 3 ways in which a person may appear in court
1) summons
2) Arrest on warrant by order of the court
3) Arrest without warrant
What is a summons
Order generated by the court directed to a person who has committed an offence. Used for less serious offences
What are the 4 types of court
1) Crown/high court
2) magistrates court
3) Country/civil court
4) coroner’s court
What section of P.A.C.E is a constable power to arrest
Section 24 of PACE 1984
What section of P.A.C.E is a normal person power to arrest
Section 24A PACE 1984
What section of PACE is search upon arrest
Section 32 PACE 1984
What section of PACE is further arrest at police station
Section 31 PACE 1984
What section of P.A.C.E is de-arrest
Section 30 PACE 1984
What does code G of PACE deal with
Deals with the statutory power to arrest a person who is involved, or suspected of being involved, in a criminal offence
What does code G state how the power of arrest must be used
- Fairly
- Responsibly
- With respect
- without unlawful discrimination
What does code G state consideration should be given to in regards to arrest
Whether the necessary objectives can be met by other, less intrusive means
4 types of Reasonable grounds to suspect
- Past
- Present
- Future
- Double suspicion
What is double suspicion
-reasonable grounds to suspect an offence has been committed and reasonable grounds to suspect they are guilty of it
Define an arrest
The taking of a person’s liberty in order to answer an alleged offence
What section of PACE is use of force
Section 117 PACE 1984
What does section 117 of PACE 1984 allow
Allows police officers where necessary to use force
Give examples when police officers can use reasonable for under section 117 PACE 1984
- Arrest
- Powers of entry and search
- Stop and search
- Power to obtain fingerprints
What does use of force section 3 criminal law act 1967 state
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
Anagram for necessity for arrest
İDCOPPLAN
What is İ in İDCOPPLAN
İnvestigation
What is D in İDCOPPLAN
Disappearance