Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Law and Practice > Workshop 1: Police powers > Flashcards

Workshop 1: Police powers Flashcards

**Topic: Preliminaries to Prosecution** - Arrest - Detention - Suspect's rights - Interviews - overview

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What are the uniformed officers in rank within the police force, starting with least senior?

A
  1. Constable (least senior)
  2. Sergeant
  3. Inspector
  4. Chief Inspector
  5. Superintendent
  6. Chief Superintendent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What ranking system do detectives in the Criminal Investigation Department (‘CID’) use?

A

Same system as the normal police force

e.g., Detective Chief Superintendent or Detective Sergeant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Which two sources do the powers police exercise in the course of investigation into criminal offences come from?

A
  • PACE Act 1984
  • Codes of Practice (used as a guide to supplement the legislation)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Will breaches of the codes render evidence obtained as a result inadmissibale?

A

Not per se, but they may provide the basis of an application to exclude such evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

TRUE OR FALSE

An officer’s breaches of the codes make them liable to either criminal or civil proceedings

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What do many of the powers in the PACE Act require an officer to have when exercising?

A

Reasonable grounds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is meant by ‘reasonable grounds’?

A

When officers explain why they believe it is necessary to do do what they are about to do

Reasonable grounds requires both subjective and, almost all of the time, objective test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the PACE mnemoic to remember the components of a lawful use of power, including arrest?

A

P - Identify the power
A - What is the legal authority granting the power
C - What criteria needs to be met and are they met on the facts?
E - How should the power be exercised and has it been correctly exercised on the facts?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What two things must be required by a police officer to lawfully arrest someone without a warrant?

A
  1. Ground for arrest
  2. Reason why it is necessary to arrest suspect
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What grounds without a warrant for arrest are available under s.24 PACE 1984?

A
  • Anyone who is about to commit an offence
  • Anyone in the act of committing an offence
  • Anyone whom the constable has reasonable grounds for suspecting to about to be committing an offence
  • Anyone whom the constable has reasonable grounds for suspecting to be committing an offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who can a constable arrest without a warrant if they suspect that an offence has been committed?

A

Anyone whom the constable has reasonable grounds to suspect they are guilty of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Who can a constable arrest without a warrant if an offence has been committed?

A
  • Anyone who is guilty of the offence
  • Anyone whom the constable has reasonable grounds to suspect of being guilty of it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the ‘reasons for arrest’ that will suffice in exercising the actual power of arrest, in addition to ‘reasonable grounds for arrest’?

A
  • To enable the name of the person to be ascertained
  • To enable to the address of the person to be ascertained
  • To protect a child or otherwise vulnerable person from person in question
  • To allow prompt and effective investigation of offence/conduct of the person in question
  • To prevent any prosecution for the offence being hindered by the disappearance of the person in question
  • To prevent the person:
  • Causing physical injury to themselves or any other person
  • Suffering physical injury
  • Causing loss of or damage to property
  • Committing offence against public decency
  • Causing an unlawful obstruction of the highway
    *
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the most widely used reasons for arrest that satisfy the test of ‘necessity’?

A
  • To allow prompt and effective investigation of offence/conduct of the person in question
  • To prevent any prosecution for the offence being hindered by the disappearance of the person in question
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the two-part test for using ‘reasonable grounds for suspicion’?

A
  1. Subjective - constable carrying out arrest must actually suspect
  2. Objective - reasonable person in possession of same fact as constable would also suspect
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What two things must the person being arrested be informed of by the constable for a lawful arrest?

A
  1. That they are under arrest
  2. The ground for the arrest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is it compulsory for an officer to inform the person that they are arresting the reason?

A

No, it does not render the arrest unlawful if they fail to do so

But it is a breach of Code C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When must someone who is being arrested be cautioned?

A

As soon as it may be practicable to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Does failure to administer caution render the arrest unlawful?

A

No, it does not render the arrest unlawful if they fail to do so

But it is a breach of Code C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What kinds of details must be recorded by the arresting officer in their pocket notebook?

A
  • Reason for the arrest
  • Giving of the caution
  • Anything that was said by the arrested person at the time of the arrest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are the two circumstances where handcuffs should be used in only?

A
  • Where reasonably necessary to prevent an escape
  • Prevent violent breach of the peace
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Do the following make an arrest unlawful:

  • Force resulting in serious injury
  • Use of excessive force
A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When may an arrested person not be taken to any police station?

A

When it is anticipated that the arrested person will be detained for more than 6 hours

In this case, there must be taken to a designated police station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are examples of the exceptions to the general rule of having an arrested person taken to a police station as soon as practicable?

A
  • Being searched
  • Being taken to premises being searched
  • Being taken to a place to check their alibi
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is the exception to the general rule of having an arrested person taken to a police station as soon as practicable?

A

Where the arrested person’s presence at a place other than a police station is necessary to carry out investigations immediately

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the procedural overview of when an arrested person arrives at the police station?

A

The detainee will:
1. See custody officer who must authorise continued detention
2. Detainee will be informed of rights
3. Non-intimate samples
4. See appropriate healthcare professional if necessary
5. Speak to solicitor if detainee requests
6. Interview detainee with solicitor present
7. After interview, detainee may be:
a) released under investigation or police bail
b) charged and released on police bail to appear at magistrates at later date
c) charged and remanded in police custody to appear at magistrates next day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are the three things that can happen to a detainee after their interview?

A

a) released under investigation or police bail
b) charged and released on police bail to appear at magistrates at later date
c) charged and remanded in police custody to appear at magistrates next day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is the main role of the custody officer upon the arrested person’s arrival?

A

Handle the welfare of suspect in detention at station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the requirements expected of a custody officer to ensure they are lawful in their position?

A
  • Must be a police officer of the rank of at least sergeant
  • Must be unrelated to the process of the investigation of offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What must the custody officer do when they become aware that the grounds for detaining the detainee have ceased to exist?

A

Release the detainee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What must the custody officer know before authorising the detention of the arrested person?

A

The reason for arrest must be explained to the custody officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Why must a custody officer know the reason for arrest?

A

Because the arrested person can only be detained and released on the custody officer’s authority only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Who must perform the role of a custody officer if the custody officer is unavailable?

A

Another officer who is not involved int he investigation of an offence for which the person is detained

34
Q

What are the two option for the custody officer to choose from following their opening of a custody record in determining whether there is sufficient evidence to charge to detainee?

A

a) Release detainee if insufficient evidence
b) [Authorise] detention of detainee

35
Q

What must the custody officer tell the detainee following their decision to detain them after establishing the grounds to detain?

A
  1. Authorise detention of the suspect
  2. Inform detainee of reason for their arrest
  3. Inform detainee of reason for their detention
  4. Advise detainee of their rights
36
Q

What are the grounds that the custody officer may use to justify their belief that detention is necessary?

A
  • To secure or preserve evidence
  • Obtain such evidence by questioning
37
Q

What are the duties of a custody officer in addition to being responsible for the welfare of each detainee?

A
  • Conduct risk assessment
  • Make special arrangements for physically or mentally incapacitated
  • Arranging for interpreters to be present where applicable
  • Dealing with the detainee’s property
  • contacting healthcare professionals, if needed
38
Q

What are the effects of procedural flaws in the detention process?

A
  • Subsequent exclusion of evidence
  • Custody officer held accountable
39
Q

What are the basic pieces of information that must be recorded on a detainee’s custody record?

A
  • Requirement to inform the arrested person for their arrest
  • Circumstances of arrest
  • Why arrest was necessary
  • Comments made by the arrested person
40
Q

What is the solicitor entitled to consult after arrival at police station and at any time whilst their client is detained, as soon as is practiable?

A

The custody record

41
Q

What must the review officer consider when reviewing the detention of a suspect?

A

Whether the grounds for the detention, as authorised by the custody officer under s.27, exist

42
Q

What are the requirements for a review officer for lawful procedure?

A
  • At least rank of inspector
  • Not connected with the investigation of the offence
  • Not the custody officer
43
Q

What time period does s.40 stipulate the first review of suspect’s detention shall take place within?

A

Not more than six hours after suspects detention was authorised by custody officer

44
Q

How often should the review of detention take place after the first review?q

A

Periodically every nine hours after

45
Q

What must the detainee be reminded of at each time of their review?

A
  • Of their right to free legal advice
  • Given the right to make representations (unless they’re unfit to or asleep at time of review)
46
Q

What is the maximum period that a suspect can be kept in custody under before being charged s.41 PACE?

A

24 hours from the ‘relevant time’

47
Q

When does the ‘relevant time’ begin in most cases?

A

Whichever is soonest of the two

  • The moment the suspect arrives at the police station
  • 24 hours after arrest
48
Q

Where is the relevant time indicated?

A

On the custody record

49
Q

What must happen to the suspect before the 24 hour limit on detention has expired?

A

They must either be charged or released

50
Q

How much longer does s.42 PACE allow for extension of detention to be?

A

A further 12 hours, taking maximum period of detention to 36 hours calculated from ‘relevant time’

51
Q

What actions must be exercised when extending the detention for a further 12 hours under s.42?

A
  • Authorisation to extend must be given
    a) before expiry of 24 hour limit
    b) after the second review has occurred
  • Grounds for extension must be explained to suspect
  • Note grounds for extension in custody record
  • suspect and/or suspect’s solicitor should be allowed to make representation
52
Q

What are the conditions for the extension of a suspect detention for a further 12 hours under s.42?

A
  • Officer of at least superintendent must authorise continued detention
  • ^ officer has reasonable grounds to believe detention is necessary to
    a) secure or preserve evidence or
    b) obtain evidence by questioning
  • Offence must be an indictable offence
  • Investigation must be conducted diligently and expeditiously
53
Q

What can the police do if they seek to detain a suspect beyond 36 hours?

A

Must apply to magistrates’ court for a warrant of further detention under ss.43 and 44 PACE

54
Q

What criteria applies in seeking the power to detain a suspect beyond 36 hours?

A

Same under s.42

  • Magistrates court is satisfied that there’s reasonable grounds for believing further detention is necessary
    a) to secure or preserve evidence
    b) obtain evidence by questioning
  • Offence must be an indictable
  • Investigation is being conducted diligently and expeditiously
55
Q

Can the time limit for detention be extended if the offence being investigated is a summary-only offence?

A

No

56
Q

What is the maximum period of detention without charge that can be extended by the magistrates court?

A

Up to a maximum of 96 hours after the relevant time

57
Q

Where are the codes on policy powers admissible in evidence?

A

Criminal or civil proceedings

58
Q

What are the continuing rights that the custody officer must ensure that the arrested person are able to exercise at any stage during their period in custody?

A
  • The right to consult privately with a solicitor and availability of free independent
  • Right to have someone informed of their arrest
  • Right to consult the Codes of Practice (COP)
59
Q

What are the four occasions must the detainee be told of their right to free legal advice?

A

Immediately before
- Commencement or recommencement of an interview
- Being asked to provide an intimate sample
- An intimate drug search
- Identification parade or video identification procedure

60
Q

What should the custody officer do if the detainee declines legal advice?

A

Should be noted on the custody record

61
Q

When should legal advice be provided if it is sought be the detainee?

A

Must be provided as soon as practicable

62
Q

TRUE OR FALSE

Police need not wait for the arrival of a solicitor before beginning an interview

A

False

They should usually wait

63
Q

What is to be done if a detainee initially decline legal advice and then change their mind?

A

Interview should cease and then recommence once detainee has exercise their right to seek legal advice

64
Q

How long can the detainee’s right to legal advice be delayed for in accordance with s.58?

A

A maximum of 36 hours

65
Q

What must be done following the establishment of the grounds to delay a suspect’s right?

A

They must be recorded [in the custody record] and the suspect must be informed

66
Q

What restrictions are available if the suspected is interviewed before they have been able to consult with a solicitor due to a delayed right?

A

There are restrictions on the drawing of adverse inferences at court

67
Q

What is the three part criteria to delay the rights to:

a) consult a solicitor
b) have someone informed of the arrest?

A
  1. The detainee must be detained for an indictable offence
  2. authority to delay exercise of right is granted in writing by police officer of min. rank superintendent
  3. ^ officer has reasonable groups to believe the right will lead to any or all of the following consequences:
    a) interference with/harm to evidence connected with indictable offence
    b) interference with/harm to others
    c) altering other people suspected of committing an indictable offence but yet to be arrested for it
    d) hinder recovery of property obtained in consequence of commission of such offence
68
Q

What two rights may be delayed if the arrested person is detained for an indictable offence and believed to have benefitted from their criminal conduct?

A
  1. The right to seek free legal advice
  2. The right to have someone informed of arrest
69
Q

What are the grounds that must be believed in exercising the authority to delay the detained person’s right to seek free legal advice if they are believed to have benefitted from their criminal conduct?

A

Grounds to believe that the solicitor might pass on a message or act in a way that would lead to consequences in the three-part criteria

70
Q

What is usually done in the instance an officer investigating into a criminal offence has grounds to believe that an arrested person’s solicitor might pass on a message or act in a way that would lead to consequence in the three part-criteria?

A

The police might be justified in delaying access to a named solicitor - does not justify delaying a detainee’s right to legal advice

Suspect must be allowed to choose an alternative solicitor

71
Q

What is the s.56 PACE right of a detainee?

A

The right to have someone informed of the arrest

72
Q

How often can a detainee exercise their s.56 right of having someone informed of their arrest?

A

Every time the suspect is taken to a different police station

73
Q

Who does the right to have an appropriate adult (where required) apply to?

A
  • A person who is under 18
  • A person who appears to be u18

Anyone who a police officer suspects to be:
- Mentally disordered
- Mentally vulnerable
- or has been told in good faith, someone who may be mentally disordered or mentally vulnerable

74
Q

Who can act as an appropriate adult for a young detainee (u18)?

How old must they be and what must they not be to suffice as ‘appropriate adult’ pursuant to the statutory provisions?

A
  • Parent
  • Guardian

Under Children Act 1989:
- Representative of the care authority/voluntary organisation
- Social worked

  • If not of these, any person aged 18 who is not a police officer/police employee suffices
75
Q

Who can act as an appropriate adult for a detainee who is mentally disordered or vulnerable?

How old must they be and what must they not be to suffice as ‘appropriate adult’ pursuant to the statutory provisions?

A
  • Parent
  • Guardian
  • Relative
  • Someone experienced in dealing with such person
  • Adult must be 18 or over and not a police officer or police employee
76
Q

List the people who cannot act as an appropriate adult

A
  • Solicitor/legal rep for suspect
  • suspected of involvement in the offence;
  • the victim of, or a witness to, the offence;
  • involved in the investigation;
  • a person who has received admissions from the person detained before acting as appropriate adult;
  • of low IQ and unable to appreciate the gravity of the situation; or
  • an estranged parent whom an arrested juvenile does not wish to attend and specifically objects to.
77
Q

What is the role of an appropriate adult?

A
  • Ensure detained person understand what and why is happening
  • Support, assist and advice detainee
  • Observe whether police are acting properly
  • Intervene if police are acting improperly
  • Assist with communication between detainee and police
  • Ensure detainee understands their protected and respected rights
78
Q

What are the exceptions for a young or mentally disordered/vulnerable person not being interviewed or asked to provide a written statement in the absence of an appropriate adult?

A
  • interference with or harm to evidence connected with offence
  • interference with or physical harm to other people
  • serious loss of or damage to property
  • alerting other suspects not yet arrested
  • hindering the recovery of property obtained in consequence of commission of the offence
79
Q

When may a detainee’s right to an intrpreter (where required) be delayed?

A

When police officer of superintendent rank or above gives authorisation to delay interview as they believe it will lead to

a) interference with or harm to evidence
b) interference with or physical harm to other people
c) serious loss of or damage to property

80
Q

Who is to determine whether an arrested person may need an interpreter?

A

Custody officer

81
Q

Can adverse inference be drawn if suspect has not been allowed access to legal advice?

A

No

82
Q

Can a suspect’s failure to account for their presence at the crime scene be the sole basis for conviction?

A

No - but adverse inferences can be drawn

Criminal Law and Practice (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions