Arrest

Question 1

When should the ‘When Questioned’ be used?

Answer 1

• Before any other questions are put to the suspect about the offence
  or / and
• Upon arrest (unless impracticable to do so or the person has already been cautioned prior to arrest)
• or upon asking further questions

Question 2

When should the ‘Now’ caution be used?

Answer 2

• After a person has been charged with an offence, or when they are being informed that they may be prosecuted with an offence
• At the end of any evidential questioning

Question 3

Where and how should a caution be recorded?

Answer 3

In MG11 - pocket notebook

• Including any dates, times, persons present with any reply made in direct speech

Question 4

What is the caution +3? When is it given?

Answer 4

“you do not have to say anything but anything you do say may be given in evidence”

This applies to voluntary interviews or interviews in the persons home.

• They must be told:
• they are not under arrest, they can leave at any time
• they are entitled to free legal advice

Question 5

What do you need in order to make an arrest under S.24?

Answer 5

A constable may arrest for any offence if they have :

reasonable grounds and suspicion and necessity for arrest

Question 6

what is a significant statement or silence ?

Answer 6

significant statement: admission of guilt, failure or refusal to answer a question, failure to answer satisfactorily

Question 7

How are relevant comments different to significant statements?

Answer 7

Relevant comments are not admissions but rather giving relevant info about the offence, they should be recorded in PNB and the suspect should be given a chance to sign and verify them.

Question 8

what section gives power to use force during arrest?

Answer 8

S.117

Question 9

what power allows you to search upon arrest? also what can you search?

Answer 9

s.32(a)

JOG - JACKET, OUTER COAT AND GLOVES

Question 10

When can a constable use the power S.32(b) to search premises

Answer 10

after arresting for an indictable offence
- if there are reasonable grounds to believe that there is evidence for the offence of which they have been arrested

Question 11

where can officers search under S.32(b)?

Answer 11

Where the person is when they are arrested or here they were immediately before being arrested

Question 12

for the purposes of S.32 what will constitute a premises capable of being searched?

Answer 12

tent
motor vehicle
house
building
caravan