Unit 3 Lesson 5.1: Arrest

Question 1

Where do Police Officers get their power to arrest?

Answer 1

Section 1 of the Criminal Justice (Scotland) Act 2016

Question 2

Explain Section 50 of the CJ (S) Act 2016

Answer 2

“A constable must take every precaution to ensure that a person is not unreasonably or unnecessarily held in police custody”

• Statutory obligation: a person’s liberty will only be taken away where it is necessary and will only be for as long as required.

Question 3

In regard to Article 5 of the HRA (Right to Liberty), what factors should be considered before arresting?

Answer 3

PLANE

Proportionate
Legal
Accountable
Necessary
Ethical

Question 4

Explain the guidance on when to arrest a person.

Answer 4

RAISE+ING

R - Refusing to desist (prevent escalation or continued offending)
A - Abode (not fixed)
I - Interest of public safety (and/or safety of offender)
S - Satisfaction of name and address
E - Evident intention to abscond
+
I - Interview
N - Note witness statements/further enquiry
G - Get samples

Question 5

Under what legislation can someone be de-arrested?

Answer 5

Section 4(2) of CJ (S) Act 2016.

Allows for a person to be immediately liberated prior to arrival at a custody centre where it is confirmed that there are no longer reasonable grounds to suspect that the person has committed the offence under investigation.

Question 6

Explain the advantages of arrest.

Answer 6

SPINFRED

S - Search
P - Photograph
I - Identification Parade
N - Non-invasive samples
F - Fingerprints
R - Restraint
E - Examination of injuries
D - Dental impressions

Question 7

Who can obtain a sample of saliva from inside of the mouth (S.18(6) Criminal Procedure (Scotland) Act 1995)

Answer 7

PC or PCSO

Question 8

Who can authorise obtaining of a sample of hair or other material from an external part of the body (other than pubic hair) by means of cutting, combing, or plucking? (S.18(6) Criminal Procedure (Scotland) Act 1995)

Answer 8

Inspector or above

Question 9

Who can authorise obtaining of a sample of nail (finger or toe) or scraping from underneath (S.18(6) Criminal Procedure (Scotland) Act 1995)?

Answer 9

Inspector or above

Question 10

Who can authorise obtaining of a sample of blood, body fluid, or of body tissue or other material obtained from an external part of the body by means of swabbing or rubbing (S.18(6) Criminal Procedure (Scotland) Act 1995)?

Answer 10

Inspector or above

Question 11

When should samples taken from the person and any relevant physical data be destroyed after a decision is made to not initiate criminal proceedings or if proceedings conclude and the accused is not convicted?

Answer 11

ASAP

Question 12

When and for how long can the Police retain DNA samples?

Answer 12

The Police, Public Order and Criminal Justice (Scotland) Act 2006 provides the power to retain DNA samples from persons accused of certain sexual or violent offences (listed under S.19A Criminal Procedure (Scotland) Act 1995).

These samples may be retained for up to three years.

Question 13

What information should be provided upon arresting a person?

Answer 13

As per S.3 of CJ (S) 2016:
The arresting officer should read from their aide memoire as soon as reasonably practicable.

INRANS

I - Inform the person they are under arrest
N - Nature of the offence
R - Reason for the arrest
A - Administer the common law caution
N - Note any replies
S - Solicitor

Question 14

What information should be recorded during the arrest process?

Answer 14

A-H

A - Time and Place of arrest
B - General nature of offence
C - Reason for the arrest
D - Time at which and by whom the person was advised or the information to be given on arrest
E - Big 5 of arrested person
F - Any further reply
G - Where transported following arrest, time and place of departure and arrival
H - If released from custody before arrival at Police Station: the details of the liberating officer and the release rationale (S.6 (2)(1) CJSA16)

Question 15

Explain officially accused.

Answer 15

When they have been arrested under the powers provided by S.1 CJSA16 and where sufficient, admissible evidence exists and the subject has been cautioned and charged.

Question 16

Explain not officially accused.

Answer 16

When they have been arrested under powers of S.1 CJSA16 but they have not been cautioned and charged. I.e. there is not a sufficiency of evidence at that time to prefer a charge and further enquiry is required.

Question 17

In what situations are officers unable to caution and charge?

Answer 17

• When they remain a suspect to allow enquiries to continue.
• Intoxicated through drink or drugs
• Interpreter or Appropriate Adult required
• Level of violence
• Mental health issue
• They are a younger child (under 16 or under 18 and subject of compulsory measures of supervision)

Question 18

Can you conduct an interview after an accused has become officially accused?

Answer 18

No

Question 19

Explain Section 7 of the Criminal Justice (Scotland) Act 2016.

Answer 19

A person arrested, not officially accused, requires formal authorisation for the arrest.
Needs to be given as possible at the custody centre by a Sergeant not connected to the case.
Must be reasonable grounds and that keeping the person in custody is necessary and proportionate.
Sergeant will consider:
- Is the person’s presence reasonably required to enable the offence to be investigated fully?
- If the person is liberated would they be likely to interfere with witnesses, or evidence, or otherwise obstruct the course or justice?
- The nature and seriousness of the offence.

Question 20

When does the 12 hour investigatory clock commence?

Answer 20

At the time the arrest is formally authorised by the Sergeant.

Question 21

How far into the investigatory clock are the circumstances reviewed and by who?

Answer 21

By an inspector after 6 hours.

Question 22

Can a person (not officially accused) be arrested more than once in respect of the same offence?

Answer 22

Yes. As per S.1 CSJA16

Question 23

When can the 12 hour investigatory clock be paused?

Answer 23

• Hospital treatment
• For the purposes of a search: eg. S.23 Misuse Drugs Act 1971 and S.60 Civic Government (Scotland) Act 1982)

Question 24

When can the 12 hour period be extended and by who?

Answer 24

In exceptional circumstances - maximum of 24 hours total.

If 18 or over, authorised by Inspector or above.
If 17 or younger, chief inspector or above.

If extension period entered, the option to release and re-arrest is no longer available.

Question 25

Explain Section 90 of the Police and Fire Reform (Scotland) Act 2012

Answer 25

It is an offence for a person to:-
- Assault
- Resist
- Obstruct or
- Hinder
A constable or member of police staff, acting in that capacity or a person assisting Constables or members of police staff in acting in that capacity.

Question 26

Explain Section 91 of the Police and Fire Reform (Scotland) Act 2012.

Answer 26

It is an offence for a person to:-
- Remove a person from custody
Or
- Assist the escape of a person in custody

Person in custody refers to anyone:-
- who is in the lawful custody or a constable or police custody and security officer
Or
- any person assisting a constable or any such officer in the execution of his duty; or who is in the act of eluding or escaping from such custody whether or the person has actually been arrested.