Caution and arrests Flashcards
What is the when 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.
Do you understand?
What is the 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
Do you understand?
What is the When Caution +3?
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.
They are not under arrest
They are free to leave
They have the right to free legal advice
Do you understand?
What is the restricted caution?
You do not have to say anything,
But anything you do say may be given in evidence
How do you arrest someone?
Need to say -
You are under arrest
Give the Reason
“ for suspicion for”
Caution them
Under what Grounds
What Necessities
Under what reasonable grounds can you make an arrest?
When there is reasonable suspicion
What necessities should you arrest someone for? (ANDICHILD)
A – Address - the address is unkown or doubted
N – Name - the name is unkown or doubted -
D - Disappearance - prevent disappearance
I – Investiation – to allow a prompt and effective investigation
C – Child or vulneabrle person – to allow the protection of a child or venerable person
H – Highway – To prevent the obstruction of the highway
I – Injury - To prevent the suffering or cause of injury
L – Loss of or damage to property - To prevent loss of or damage to property
D - decency - to prevent offences
When do you use the standard caution?
The +3?
The now?
The restricted?
When a person is under arrest
When someone is not under arrest
When someone is being charged with an offence or being reported to summons
When there is no time as someone’s life is in danger
What is a significant statement?
When can it be said?
Something said which may be used as evidence against the suspect
Before and after arrest
What is a significant silence?
When can it happen?
A silence that might allow for inferences to be made
Only after caution
What does PAW stand for?
Persuade
Advice
Warn
What is a relevant comment?
Any comments made by the suspect that may be relevant to the crime. - not as strong as a significant statement
When the necessity is to allow a prompt and effective investigation, what else do you maybe say?
The Necessary action to follow the investigation allow for an effective investigation. such as: – - An interview
- Apply special warning
-Steal/ destroy property
- May collude or make contact with co-suspects or conspirators
may intimidate or threaten/make contact with witnesses
may make false statements and /or presented false evidence - To enter and search without a search warrant any premises
occupied or controlled by the arrested person - To prevent the arrested person from having contact with others;
- Secure or preserve evidence of that offence
by taking fingerprints, footwear impressions or samples from the
suspect for evidential comparison or matching with other material relating to that offence, for example, from the crime scene - When considering arrest in connection with any offence and it is necessary to search, examine or photograph the person to obtain
evidence. - When considering arrest in connection with an offence to which the statutory Class A drug testing requirements in Code C section 17 apply, to enable testing when it is thought that drug misuse might have caused or contributed to the offence.
What is the 10 point description?
Clothing
Gender
Age
Colour
Build
Height
Hair
Complexion
Distinguishing features
Carrying anything
What is ADVOKATE?
Amount
Distance
Visibility
Obstructions
Known
Any reason
Time lapse
Errors
