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Police Learning 2021 > Student Officer Handbook- Evidence and Procedure > Flashcards

Student Officer Handbook- Evidence and Procedure Flashcards

1
Q

According to PACE Section 24 - Constable Arrest Powers who can a constable can arrest without warrant

A

A constable can arrest without warrant
- anyone who is ‘about to commit an offence’
- anyone who is in the ‘act of committing an offence’
- anyone they have reasonable grounds for suspecting to be about to commit an
offence’
- anyone they have reasonable grounds for suspecting to be committing an offence

If an offence has been committed, a constable may arrest without a warrant

  • anyone who is guilty of the offence.
  • anyone whom he has reasonable grounds for suspecting to be guilty of it.
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2
Q

What act and section concerns Constable Arrest Powers

A

PACE Section 24

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3
Q

What is the Necessity Criteria for Arrest

use mnemonic COPPLANED

A

In addition to the suspicion the Constable must also believe that the person’s arrest is necessary because of one of the following criteria..

C hild or other Vulnerable Person; to protect
O bstruction of the highway: to prevent
P hysical injury: to prevent (cause/or suffering)
P ublic Decency: to prevent offences
L oss or damage to property: to prevent
A ddress: unknown & not readily ascertained or address doubted
N ame: unknown & not readily ascertained
N ame: reasonable grounds to doubt name given
E ffective Investigation of offence: to allow for, or of the conduct of the person
D isappearance of person: preventing prosecution

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4
Q

What is C in COPPLANNED for Necessity Criteria for Arrest

A

C hild or other Vulnerable Person; to protect

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5
Q

What is O in COPPLANNED for Necessity Criteria for Arrest

A

O bstruction of the highway: to prevent

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6
Q

What is P in COPPLANNED for Necessity Criteria for Arrest

A

P hysical injury: to prevent (cause/or suffering)

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7
Q

What is 2nd P in COPPLANNED for Necessity Criteria for Arrest

A

P ublic Decency: to prevent offences

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8
Q

What is L in COPPLANNED for Necessity Criteria for Arrest

A

L oss or damage to property: to prevent

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9
Q

What is A in COPPLANNED for Necessity Criteria for Arrest

A

A ddress: unknown & not readily ascertained or address doubted

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10
Q

What is N in COPPLANNED for Necessity Criteria for Arrest

A

N ame: unknown & not readily ascertained

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11
Q

What is 2nd N in COPPLANNED for Necessity Criteria for Arrest

A

N ame: reasonable grounds to doubt name given

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12
Q

What is E in COPPLANNED for Necessity Criteria for Arrest

A

E ffective Investigation of offence: to allow for, or of the conduct of the person

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13
Q

What is D in COPPLANNED for Necessity Criteria for Arrest

A

D isappearance of person: preventing prosecution

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14
Q

What is an indictable offense?

A

Crimes that are more serious in nature, only tried at Crown Court

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15
Q

What is a summary offence

A

Less serious offences that are usually tired at Magistrates’ Court but can be taken to Crown Court

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16
Q

PACE Section 24a – Any other person powers of arrest

The power of arrest is only exercisable if:

A

The person making the arrest has reasonable grounds for believing that it is necessary to arrest the person for any of the below reasons relating to an indictable offence –

  • loss or damage to property or
  • making off before a Constable can assume responsibility, or
  • physical injury being caused to self or another or
  • suffering physical injury
    and

It appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

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17
Q

What are the three cautions… Say in full

A

“When Questioned” 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.”

‘Now’ Caution
“You do not have to say anything, but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence”.

‘Restricted’ Caution
“You do not have to say anything, but anything you do say may be given in evidence”

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18
Q

When are the 3 cautions used respectively

A

When questioned- arrest and interview

Now- Before charging

Restricted- If a suspect is interviewed after being charged

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19
Q

What are powers of search according to PACE Section 32 - Power of search after arrest (person)

DIE mnemonic

A

A constable may search a person who has been arrested at a place other than a police
station, if the constable has reasonable grounds for believing the arrested person may:

present a danger to themselves or others or
have concealed on them an implement they might use to assist them to escape from lawful custody or
have concealed on them anything that might be evidence relating to an offence

(Acronym = DIE Danger Implement Evidence)

20
Q

What section and act covers power to search after arrest

A

PACE Section 32

21
Q

What are the powers under PACE Section 32 - Power of search after arrest (premises)

A

If the offence for which a person was arrested is an indictable offence, a constable may enter and search any premises in which a person was when arrested or immediately before
he was arrested for evidence relating to the offence for which he was arrested.

22
Q

When may a constable detain in order to search under PACE Section 1 - Stop search

A

A constable may detain in order to search,
any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access,
if they have reasonable grounds for suspecting that stolen or prohibited articles will be found.
Any such articles found during a search may be seized.

23
Q

PACE 1 - Prohibited Articles

An article is prohibited for the purposes of (Stop & Search powers) if it is:

A

An offensive weapon; or
An article:
made or adapted for use in the course of or in connection with an offence mentioned below; or
intended by the person having it with him for such use by him or by some other person.

The offences applicable are –

  • Burglary
  • Theft
  • Offences contrary to Section 12; of the Theft Act 1968 (taking motor vehicle or other conveyance without authority “TWOC”);
  • Offences contrary Section 1 Fraud Act 2006 (fraud by false representation, failing to disclose information or fraud by abuse of position);
  • Offences contrary to Section 1 of the Criminal Damage Act 1971 (destroying or damaging property).
  • This also applies to any article in relation to which a person has committed, or is going to commit an offence under Section 139 of the Criminal Justice Act 1988. (bladed or sharply pointed articles)
  • This also applies to any ‘firework’, which a person possesses in contravention of a prohibition imposed by fireworks regulations.
24
Q

Reasonable Grounds to Suspect (Code A of PACE) says what about reasonable grounds

A

Reasonable grounds for suspicion depend on the circumstances in each case. There must be an objective basis for that suspicion based on facts, information, and / or intelligence, which are relevant to the likelihood of finding an article of a certain kind.

Reasonable suspicion can never be supported on the basis of personal factors alone, without reliable supporting intelligence or information or some specific behaviour by the person concerned.

25
Q

What Circumstances Giving Reasonable Grounds to Suspect should you consider before searching a suspect

SHACKS

A 
S een (what have you seen – actions/behaviour)
H eard (what have you heard – words/alarms/breaking glass)
A ctions (what you/they did. Did this increase/decrease grounds?)
C onversation (what you/they said. Did this increase/decrease grounds?)
K nowledge (what’s already known – LIO – NOT PRE-CONS)
S mell (what did you smell – to associate suspect with offence)
26
Q

What’s the Information to be given by a police officer prior to search

GOWISELY

A

G rounds for the search
O bject of the search
W arrant card (if in plain clothes or requested)
I dentity of the officer(s)
S tation to which attached
E ntitlement to a copy of the search record
L egal power exercised
Y ou are detained for the purpose of a search

27
Q

What’s the acronym for information to be given prior to search, and what are all the parts

A

GOWISELY

G rounds for the search
O bject of the search
W arrant card (if in plain clothes or requested)
I dentity of the officer(s)
S tation to which attached
E ntitlement to a copy of the search record
L egal power exercised
Y ou are detained for the purpose of a search

28
Q

Definition of PACE Section 18 (1) Power of entry

A

A constable may enter and search any premises occupied or controlled by a person who is
under arrest for an Indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence; or to some other indictable offence which is connected with or similar to that offence. A constable may seize and retain anything found

29
Q

A constable may enter and search any premises occupied or controlled by a person who is
under arrest for an Indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence

What section of which act does this relate to

A

PACE Section 18 (1) Power of entry

30
Q

Definition of PACE Section 18 (5) Power of entry

A

A constable may conduct a search under subsection (1)
- before the person is taken to a police station or released on bail under section 30A; and without obtaining an inspectors authorisation if

  • the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.
31
Q

Definition of PACE Section 19 Powers of Seizure

A

A constable who is lawfully on any premises may seize anything which is on the premises if he/she has:

  • reasonable grounds for believing that it has been obtained in consequence of the commission of an offence;
    or
  • that it is evidence in relation to an offence which he is investigating;
    or
  • any other offence
    and
  • that is necessary to seize in order to prevent it being:
    Concealed, Lost, Altered, Damaged, Destroyed
    (acronym = CLADD)
32
Q

Which act and which section is this under…

A constable who is lawfully on any premises may seize anything which is on the premises if he/she has:

  • reasonable grounds for believing that it has been obtained in consequence of the commission of an offence;
    or
  • that it is evidence in relation to an offence which he is investigating;
    or
  • any other offence
    and
  • that is necessary to seize in order to prevent it being:
    Concealed, Lost, Altered, Damaged, Destroyed
A

PACE Section 19 Powers of Seizure

33
Q

Under PACE Section 19 Powers of Seizure, assuming reasonable grounds what else is necessary…

A

that is necessary to seize in order to prevent it being:

Concealed, Lost, Altered, Damaged, Destroyed

34
Q

When may a constable enter a premises under PACE Section 17 Power of Entry (to arrest)

(WASPS)

A
  • Executing a commitment Warrant or a warrant issued arising from criminal
    prosecution.
  • Arrest a person for an indictable offence
  • Arrest a child or young person who has been remanded or committed to local
    authority accommodation.
  • Arrest for an offence which is Specified in an act
  • Recapture a person who has escaped from lawful detention or who is unlawfully at
    large and you are Pursuing.
  • Saving life and limb or preventing serious damage to property.
35
Q

In regards to PACE Section 17 Power of Entry (to arrest) what does the acronym WAASPS stand for

A

Warrant
Arrest- indictable offence
Arrest- child or young person remanded or commited to local authority accommodation

Specified offence in an act- arrest
Persuing- capture or recapture
Save life or serious damage to property

36
Q

Under the Human Rights Act what must all actions be?

PLANE

A
  • Proportionate
  • Legal
  • Accountable
  • Necessary
  • Ethical
37
Q

What are the 9 policing principles underpinning the code of ethics?

A
  1. Honesty
  2. Integrity
  3. Accountability
  4. Fairness
  5. Leadership
  6. Objectivity
  7. Openness
  8. Respect
  9. Selflessness
38
Q

Key parts of the national decision model

A 
V = Values & Code of Ethics
I = Information/intelligence 
A = Assessment 
P = Powers/policy 
O = Options 
A = Action 
R = Review
39
Q

General Principles of Identification (R v Turnbull 1977)

ADVOKATE

A

Amount of time the suspect was under observation
Distance between the suspect and the witness
Visibility
Obstructions to view
Known or seen before
Any reason for remembering
Time lapse between observation and identification
Error or material discrepancy in description

40
Q

Definition of hate crime

A

Any hate incident, which constitutes a criminal offence, perceived by the victim or any other person, as being motivated by prejudice or hate

41
Q

Definition of prejudice

A

A preconceived notion or idea based on little or no facts

42
Q

Responses to Dominance

A

Withdrawal
Acquiescence
Resistance

43
Q

Models of Policing… POP, SARA, PAT

A

POP - Problem Orientated Policing
SARA – Scanning Analysis Response Assessment
PAT - Problem Analysis Triangle

44
Q

Meaning of Critical Incident

A

Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of:-
Victims, their family, and/or the community.

45
Q

Approach to assessing a major incident… METHANE

A

M ajor incident declared.
E xact location.
T ype of incident, eg explosion and fire in a tall building, release of gas in the underground system.
H azards - present and potential.
A ccess - routes that are safe to use.
N umber, type, severity of casualties.
E mergency services now present and those required.

46
Q

Stages in Investigative Interviewing… PEACE

A
  • P lanning and Preparation
  • E ngage and Explain
  • A ccount
  • C losure
  • E valuation
47
Q

Under what circumstances can Special Warnings (Section 36 and 37, Criminal Justice & Public Order Act 1994) be given and what do they allow?

A

Section 36
Applies to circumstances when a suspect is arrested by a constable and there is found:
- On his person, in or on his clothing or footwear,
- Or otherwise in his possession,
- Or in the place where he was arrested,
Any objects, marks or substances or marks on such objects.
Which a constable investigating the case reasonably believes may be attributable to the participation of that person in an offence specified by the constable and, the person fails or refuses to account for the objects, marks or substances found when requested to do so by a constable who informs the person of his belief.

Section 37
Applies to circumstances when an arrested person was found by the constable:

  • At a place at or about the time the offence for which he was arrested is alleged to have been committed and,
  • A constable investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to his participation in the offence and, the constable informs the person of his belief and the person fails or refuses to account for his presence at that place when requested to do so by the constable.

Allow the constable to draw inference if a person refuses to account for the objects/substances/or marks

Police Learning 2021 (5 decks)

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