Powers Of Arrest, Using Caution And Making Arrest Flashcards

1
Q

What is section 34 / 35 criminal justice & public order act

A

The when/now caution

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2
Q

Quote the when caution?

A

You do not have to say anything,

But it may harm your defense if you do not mention when questioned something which you later rely on it court.

anything you do say may be given in evidence

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3
Q

Quote the NOW caution

A

You do not have to say anything,

But it may harm your defense if you do now mention NOW anything which you may later rely on in court,

Anything you do say may be given in evidence

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4
Q

When would you use the WHEN caution?

A

When further investigation/questioning is required:

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5
Q

When do you use the NOW caution?

A

When you know the outcome of an offense (fine for litter)

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6
Q

What is section 24 (code G) and give examples.

A

Powers to arrest without a warrant.The necessity, this is provided in custody.
If someone does provide name/adress

Offense to against public decency

To conduct prompt/effective investigation - if unable to do so in public

To prevent suspect:
Causing injury to self or others
Offense against public decency 
Obstruction of highway
Disappearance
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7
Q

What are some of the powers of arrest?

A
Hands on
Time of arrest
Tell them that they’re under arrest (sec 28PACE)
Point out the offense (Legislation)
Caution (section 34 & 35 criminal justice act)
Reasonable grounds 
Necessity (PACE code G)
Record their reply/no reply
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