Powers Of Arrest & Caution Flashcards
What is the purpose of an arrest?
An arrest is the police’s power to detain someone in order to investigate or prevent a crime. The police’s power to arrest is mainly regulated by the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Conduct.
Purpose
- A route into CJ System
- Investigation
- Mental Health
- Safeguard
What is S24 PACE- Constable Arrest Powers?
A constable may arrest without a warrant—
(a)anyone who is about to commit an offence;
(b)anyone who is in the act of committing an offence;
(c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3)If an offence has been committed, a constable may arrest without a warrant—
(a)anyone who is guilty of the offence;
(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.
S24A - Any person powers- citizen arrest other than police officer
What is COPPLANNED? OR CODE G?
C-Child or Vulnerable person (protect)
O- Obstruction of the highway (prevent)
P- Physical Injury (prevent cause or suffering)
P- Public Decency (prevent)
L- Loss/ Damage to property (prevent)
A- Address (Assertain or doubted)
N- Name unknown
N- Name doubted
E- Effective Investigation (Prompt)
D- Disappearance of person (prevent prosecution)
What is the Caution?
You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence
When do you caution somebody?
- Making an arrest
- Reporting an offence
- Suspect an offence
- Before you ask questions about an offence
When do you NOT require a caution?
If the questions are for other purposes such as
1. Asking proof of ownership
2. ID
3. Name
What are the 3 types of caution?
- When- on arrest
- Now- On charge
- Restricted - on behalf of another country such as European Arrest Warrant
What should you say when you arrest someone?
- Inform under arrest
- Grounds for offence-Code G 2.2/3.3
- Reason - Necessity- Code G 3.3
- Facts/Info & other grounds
- The WHEN caution
F- Facts
A- Any evidential speech
N- Necessity for arrest
G- Giving caution
S- Sufficient evidence to comply with PACE
What is S30 (7A)?
De-arrest
Any time before you get to a police station if there is no grounds to keep or release on bail under S30A. Must be released without bail.
S30(8) - recording that release
What is LEAP PLEA & BASHED in relation to transporting detainees safely following arrest?
L- Local Intel
E- Establish action prior to police interview
A- Actions on contact (levels of violence)
P- PNC Warning Markers
P- Physical/learning or mental
L- Lenght if journey/vehicles available
E- Extent & result of search
A-Assess condition of detainee
B- Believe a drug overdose
A- Are or have been unconscious
S- Suffering medical condition
H- Have injury / head injury
E- Eaten, swallowed or packed drugs
D- Detention always comes second
What are the two types of way of dealing with justice?
- Formal justice system (court)
- Out of court disposals
What is Neighbourhood Justice?
Low level offending that can be resolved without protection
- community resolution
- restorative justice (RD)
- Conditional caution
- Youth caution (10-17)
Only works for first offences
- change behaviour
- reduce harm
-Cost effective
- reduced demand
What is Neighbourhood Justice?
Low level offending that can be resolved without protection
- community resolution
- rest
