Arrest Flashcards
HENDERSON has been arrested for an offence of robbery and has been taken to a designated police station. On arrival at the station he asks for ROOK, a friend of his, to be informed of his arrest and whereabouts. The arresting officer, PC GLASER, speaks to the custody officer and tells the custody officer that ROOK is a criminal associate of HENDERSON’s and that telling ROOK that HENDERSON has been arrested is likely to lead to interference with evidence in relation to the robbery offence. PC GLASER asks if it is possible to delay telling ROOK that HENDERSON has been arrested.
Who, if anyone, can authorise delaying HENDERSON’s right to have ROOK informed of his arrest (under s. 56 of the PACE Act 1984 and Code C of the PACE Codes of Practice)?
A. The custody officer.
B. An officer of the rank of inspector or above.
C. An officer of the rank of superintendent or above.
D. The right cannot be delayed in any circumstances.
The detainee may have one friend, relative, or interested person informed of his/her whereabouts as soon as practicable (s. 56 of the PACE Act 1984 and Code C, para 5.1). Delaying this right must be authorized by an officer of at least the rank of inspector (s 56 of the PACE Act 1984 and Code C, Annex B).
PC PLANT is on uniform mobile patrol and is sent to a report of a robbery. When the officer arrives at the scene he speaks to NGUYEN (the victim) and VERMA (a witness). NGUYEN provides a ‘first description’ of the person responsible for the offence which PC PLANT records in his pocketbook. When he approaches VERMA, VERMA says ‘I know who did it, it was Alan LOVE and I’ve known him for years’.
Which of the below comments is correct when considering Code D and the identification of a suspect by a witness?
A. PC PLANT can take NGUYEN on a tour of the area to identify the offender but not VERMA as VERMA knows the suspect.
B. If PC PLANT takes NGUYEN on a tour of the area the officer can direct NGUYEN’s attention to a particular person to aid the identification process.
C. NGUYEN and VERMA should be placed in the officer’s vehicle and taken on a tour of the area to identify the offender.
D. Neither NGUYEN nor VERMA should be taken on a tour of the area as the identity of the suspect is ‘known’
In cases where a suspect’s identity is ‘not known’, an eye-witness may be taken to a particular neighbourhood or place to see whether they can identify the person they saw on a previous occasion. Such an identification process by a witness is only permitted when there is not already enough information to justify the arrest of any particular person. In such circumstances the identity of the suspect is ‘not known’ (Code D, para 3.2). However, in this question the identity of the suspect is ‘known’ so such a process should not take place (correct answer D). If such an identification process does take place then care must be taken to avoid directing the witness’s attention to any individual (Code D, para 3.2b), as this might compromise the identification (see Note 3F). A witness can be asked to look carefully at the people around, or in a particular direction. This might be necessary to ensure that the witness does not overlook a possible suspect, or to encourage him/her to make comparisons between several people. If there is more than one witness, they must be taken separately to attempt an identification (Code D, para 3.2c)
BRETT is involved in an intense argument with his neighbour, ORTENZI. During the argument BRETT stabs ORTENZI causing serious injury to ORTENZI. BRETT calls an ambulance and when it arrives BRETT states to ROSE, the ambulance driver, ‘I did it, my God, I stabbed him, I’m so sorry!’. The police attend and BRETT is arrested and taken to a designated police station. In the custody area whilst being escorted to a cell, BRETT states to FLANNELLY (a detention officer) ‘I should’ve kept my cool, I’m sick, how could I have stabbed a human being!’.
Which, if any, of the statements made to ROSE and FLANNELY would be considered a ‘significant statements’ (as per Code C of the PACE Codes of Practice)?
A. The statement to ROSE alone.
B. The statement to FLANNELLY alone.
C. The statement to ROSE and FLANNELLY.
D. Neither of the statements are significant statements.
Only statements to a police officer are significant?
