Powers of Arrest and Detention. Flashcards
What is Section 24 PACE 1984?
A constable may arrest without a warrant anyone who is about to commit an offence;
anyone who is in the act of committing an offence;
anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
anyone whom he has reasonable grounds for suspecting to be committing an offence.
What are the 9 reasons for making an arrest necessary under S24 PACE 1984?
IDCOPPLAN
Investigation - Prompt and effective.
Disappearance - Person may leave.
Child - for the protection of the child.
Obstruction - of a highway, necessary to move them.
Physical Injury - to themselves or others.
Public Decency - MOP can’t avoid the person.
Loss or damage - of evidence
Address -
Name - Arrest if they are in doubt or can’t be ascertained.
What are the two conditions required for a police officer to make a lawful arrest under S24 PACE 1984?
Suspect the person to be involved in the commission of an offence.
Reasonable grounds for believing that the arrest is necessary - IDCOPPLAN
According to PACE what is an interview?
The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which must be carried out under caution.
What is a “significant silence”?
A failure or refusal to answer a question to a satisfactory level whilst under caution.
What is a “significant statement”?
A comment from the suspect that could potentially be used as evidence against them that is relevant to the offence.
What is a “relevant comment”?
A comment about the offence from the offender.
How should a significant statement or relevant comment be recorded?
In a PNB and signed by the Police Officer. The suspect needs to read it and sign if they agree. If there is a disagreement then this must be noted.
What should a Police Officer consider before making an arrest?
Has an offence been committed?
Are there reasonable grounds to suspect the persons involvement in an offence?
Is the arrest necessary?
Under S28 PACE what information does an officer have to give an arrested person to make the arrest lawful?
That they are under arrest,
The offence that they are arrested for,
The grounds for the arrest.
In addition to S28 PACE, what else must a Police Officer tell a person when they are arrested?
The reason/ necessity (IDCOPPLAN) and the caution.
In relation to S32 PACE 1984 what items can the officer search for? (DIE)
Any item that is a danger to anyone,
An implement to escape,
Any Evidence of an offence.
The officer must believe they are in possession of the above.
What is the role of an appropriate adult?
They are present when young or vulnerable people are injured to ensure that the persons rights are upheld.
