Powers Of Arrest

Question 1

PACE 1984

what is it?

Answer 1

Police and Criminal Evidence Act 1984

Question 2

4 Steps to Arrest

Answer 2

1. Inform them they are under arrest
2. Reason for Arrest
3. Caution
   4 SOCAP

Question 3

Section 24 (1) PACE

Answer 3

May arrest without warrant.

1) Anyone who is about to commit an offence
2) Anyone whom he has reasonable grounds for suspecting to be about to commit an offence

Question 4

Section 24 (2) PACE

Answer 4

A constable may arrest without warrant

1) Anyone in the act of committing an offence
2) Anyone suspecting to be committing an offence

Question 5

Section 24 (3) PACE

Answer 5

A constable may arrest without warrant

1) Anyone who has committed an offence
2) Anyone whom he has reasonable grounds for suspecting to be guilty of the offence

Question 6

What 2 elements have to be satisfied for an arrest to be lawful?

Answer 6

1) A person is involved or suspected of being involved in the commission of a criminal offence
2) Reasonable grounds to believe that the arrest is necessary

Question 7

Reasonable Grounds?

Answer 7

It must be based on objective facts. Their behaviour needs to be in addition to:

• Time/place
• Any property they are carrying
• Info from witnesses
• Own observations
• Other intelligence

Question 8

NECESSITY TEST:

SERIOUS ORGANISED CRIME AND POLICING ACT 2005, S110 (5)

Answer 8

C = Child and vulnerable witness
O = Obstructing the highway
P  = Prevent Injury (To be caused or suffered by the arrested person)
P  = Public decency
L  = Loss or damage to property
A = Address (not given or believed)
N = Name not given
N = Name not believed
E = Effective and prompt investigation
D = Disappearance

Question 9

Section 24 A PACE

Answer 9

A person other than a constable may arrest without warrant:

• Anyone who is in the act of committing an indictable offence
• Anyone who he has reasonable grounds for suspecting to be guilty of the offence.

Question 10

4 reasons members of the public can arrest

Answer 10

1) Causing physical injury to himself or any other person
2) Suffer physical injury (from others)
3) Causing loss or damage to property
4) Making off before a constable can assume responsibility

Question 11

3 Caution times

Answer 11

• When questioned = before charging
• Now = At charging
• Restricted = After charging to clear up previous ambiguity or for urgent intervention

Question 12

SEARCH POWERS – Section 32 PACE 1984

Answer 12

It applies to people and premises. Somebody NEEDS TO BE ARRESTED to use Section 32.
To search on a person is necessary to reasonably believe we will find:
D = Dangerous articles (to self or others)
I = Implements to aid escape
E = Evidence of an offence (any offence)

Question 13

SEARCH POWERS – Section 32 PACE 1984

Searching Premises

Answer 13

Section 32 grants the power to search the premises where the suspect was arrested or the premises where he was immediately before the arrest.
This is to find evidence of that specific offence he was arrested for. Immediate is not defined by law