Practical Tests Flashcards
What is part 1 of the Drink Drive Procedure?
Initial statement
I require you to provide a specimen of breath for analysis. Failure to do so is an offence which may lead to your arrest.
What is part 2 of the Drink Drive Procedure?
The questions
Have you had any alcohol in the last 20 minutes or used an alcoholic mouthwash or spray in the same time frame?
Have you had a cigarette in the last 5 minutes?
Is there any medical reason why you cannot take a breath test?
What is part 3 of the Drink Drive Procedure?
Administering test
- Get tube out
- Say this is brand new, sealed
- Attach to machine
- This is a home office approved device which can measure the percentage of alcohol in your breath.
- Please blow into the tube, creating a seal with your lips, so I can get an adequate sample and continuously blow until I say stop.
- I remind you failure to do so is an offence which may lead to your arrest, so we’ll keep doing it until we get it right.
Drink Drive Procedure in Full
I require you to provide a specimen of breath for analysis. Failure to do so is an offence which may lead to your arrest.
- Have you had any alcohol in the last 20 minutes or used an alcoholic mouthwash or spray in the same time frame?
- Have you had a cigarette in the last 5 minutes?
- Is there any medical reason why you cannot take a breath test?
- Get tube out
- Say this is brand new, sealed
- Attach to machine
- This is a home office approved device which can measure the percentage of alcohol in your breath.
- Please blow into the tube, creating a seal with your lips, so I can get an adequate sample and continuously blow until I say stop.
- I remind you failure to do so is an offence which may lead to your arrest, so we’ll keep doing it until we get it right.
Arrest
What are the stages of an arrest?
- Informing suspect of arrest and grounds for arrest
- Necessity for arrest
- Caution
Arrest
Step 1: Informing suspect of arrest and grounds for arrest
____ you are under arrest, on the grounds that you allegedly committed a ____ at approximately ___am/pm on Monday the 3rd of June 2020 at ____ in.
Arrest
Step 2: The Necessity test
The necessity for me to carry out an arrest is.
I – Investigation (the investigation of the offence (or conduct of the person) needs to be prompt and effective.)
D – Disappearance (the disappearance of the person (if not arrested) will hinder the prosecution.)
C – Child (to protect a child or other vulnerable person from the person in question.)
O – Obstruction (to prevent the person causing an unlawful obstruction of the highway.)
P – Physical Harm (to prevent physical harm being caused to any person.)
P – Public decency (to prevent the person committing an offence against public decency, (but only if members if the public cannot be reasonably be expected to avoid that person).
L – Loss or Damage (to prevent the person from causing loss or damage to property.)
A – Address (the address of the person has not been provided or cannot be ascertained or there are reasonable grounds to doubt the address given.)
N – Name (the name of the person has not been provided or cannot be ascertained or there are reasonable grounds to doubt the name given.)
Arrest
Step 3: 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.
Arrest in full
____ you are under arrest, on the grounds that you allegedly committed a ____ at approximately ___am/pm on Monday the 3rd of June 2020 at ____ in.
The necessity for me to carry out an arrest is, e.g to prevent your disappearance and any hinderance to your prosecution.
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.
Present to custody
What three key areas are required to say to the custody sergeant?
- Circumstances (and allegation)
- Offence arrested for (and time arrested)
- Necessity for arrest
- Plus briefly outline any key concerns for the welfare (and risks)
Stop, Search & Arrest
What is the criteria which must be stated during a stop search?
Grounds
Object of search
Warrant card Identify of officer Station of the officer Entitlement Legal powers used You are being detained
Stop and Search
- Introduction
Introduction: Warrant Identification Station What? Why? How?
Stop and Search
- You are being detained for the purposes of a search…
Grounds Object Warrant (reminder) Identification Station Entitled to a copy of the search record which you can access over the next 3 months from any police station Legal power You are being detained...
Stop and Search
- The Search
Put on gloves
Explain what’s going to happen
Do you have anything on you that could harm me or yourself?
Ask them to move their legs slightly further apart
Hold onto arm while searching and keep out of fighting arc
Stop and Search
- Found knife
Put under foot
Cuff them (use of force 117 PACE)
You are under arrest,
I’m arresting you on the grounds you are in possession of a bladed article in a public place,
The necessity of this arrest is to prevent you from causing physical injury to yourself or any other person.
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.
I am now going to continue my search through the power I have under s32 PACE.
