Powers Of Arrest Flashcards by Sam Harris

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

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What is a summons

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

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What are the 4 types of court

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

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

Section 24 of PACE 1984

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

Section 24A PACE 1984

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What section of PACE is search upon arrest

Section 32 PACE 1984

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What section of PACE is further arrest at police station

Section 31 PACE 1984

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

Section 30 PACE 1984

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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

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

Fairly
Responsibly
With respect
without unlawful discrimination

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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

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4 types of Reasonable grounds to suspect

Past
Present
Future
Double suspicion

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What is double suspicion

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

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Define an arrest

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

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What section of PACE is use of force

Section 117 PACE 1984

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What does section 117 of PACE 1984 allow

Allows police officers where necessary to use force

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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

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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

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Anagram for necessity for arrest

İDCOPPLAN

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What is İ in İDCOPPLAN

İnvestigation

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What is D in İDCOPPLAN

Disappearance

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What is C in İDCOPPLAN

Child/vulnerable person

What is O in İDCOPPLAN

Obstruction of highway

What is P1 in İDCOPPLAN

Physical injury

What is P2 in İDCOPPLAN

Public decency

What is L in İDCOPPLAN

Loss or damage

What is A in İDCOPPLAN

Adress

What is N in İDCOPPLAN

Name

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

- 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

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

- will not attend court if charged | - will not answer bail if bail is granted

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

To protect child or vulnerable person from the arrested person

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

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

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

- To prevent the person in question causing physical injury to himself or any other person - To prevent the person in question suffering physical injury

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

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

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

To prevent the relevant person causing loss or damage to property

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

To ascertain the address of the relevant person

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

To enable the name of the relevant person to be ascertained

4 pieces of information to be provided up arrest of suspect

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)

İnformation to be recorded in pocket notebook on arrest

- 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)

When may a person me searched

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

What is the D in DİE of search upon arrest

May present DANGER to himself or others

What is the İ in DİE of search upon arrest

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

What is the E in DİE of search upon arrest

May have EVİDENCE relating to an offence

What is the limitation of a search

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

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

JOG

What does JOG stand for in relation to search

J - Jacket O - Outer coat G - gloves

What are 3 things you must abide by when transporting prisoners

- 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.

What section of PACE is further arrest under

Section 31 1984

When do you use further arrest

- 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

What must you do when you further arrest a suspect

İnform custody sgt

What section of PACE is de-arrest

Section 30

When must you de-arrest someone

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

What must you do when you de-arrest someone

- 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