Tricky Qs Flashcards
PC FRANKLIN has arrested LEWIN (aged 17yrs) for an offence of burglary and taken him to a designated police station. In the custody block LEWIN provides his details to the custody officer.
Which of the below comments is correct in respect of the need for LEWIN to be provided with an ‘appropriate adult’?
A. LEWIN does not require an appropriate adult as he is 17 years old.
B. It will be the responsibility of PC FRANKLIN to decide whether an appropriate adult is required.
C. An appropriate adult will be required for LEWIN - that appropriate adult must be over the age of 21.
D. A police officer or police employee cannot act as an appropriate adult on behalf of LEWIN.
The Police and Criminal Evidence Act 1984 and Code C, para 1.4 states that an ‘appropriate adult’ must be provided for any person who:
• because of a mental health condition or mental disorder may have difficulty understanding or communicating effectively about the consequences of his/her situation (e.g. in relation to being arrested, interviewed, or detained); or
• is under the age of 18 (PACE Code C, para 1.5A) (answer A is incorrect); or
• is likely to find an interview problematic due to an impairment such as a serious visual handicap, deafness, illiteracy, or who has difficulty in articulation because of a speech impediment.
Answer B is incorrect as it is the responsibility of the custody officer to consider whether an appropriate adult is required. An appropriate adult will be over the age of 18 (answer C is incorrect). A police officer or a person employed by the police may not act as an appropriate adult (correct answer D).
Investigative Interviewing, para 25.5.1.1
BEETON is an 80 year-old pensioner who has an allotment where he grows vegetables. BEETON has been having problems with the anti-social behaviour of GERRARD who owns the allotment plot next to BEETON; this has led to BEETON complaining to the police about GERRARD’s behaviour on several occasions. Due to the minor nature of the anti-social behaviour, the police have not taken any action against GERRARD. SWIFT (BEETON’s daughter-in-law) contacts you and asks that the incidents BEETON has complained about be reviewed by the police (via the community trigger system) as she is concerned by the fact that no action has been taken as a result of the repeated reporting on anti-social behaviour by GERRARD.
In relation to the community trigger system, which of the following comments is correct?
A. Only BEETON can make the formal request for the anti-social behaviour incidents to be reviewed, as he was the person making the complaints about anti-social behaviour.
B. A reviewing body will determine whether a certain threshold has been reached (usually two complaints over a three month period).
C. BEETON or SWIFT (acting on BEETON’s behalf) can formally request that the anti-social behaviour incidents be reviewed by the police.
D. A reviewing body will determine whether a certain threshold has been reached (usually four complaints over a twelve month period).
Answer A is incorrect as the community trigger system allows victims of anti-social behaviour or another person acting on their behalf (for example SWIFT) to formally request that anti-social behaviour incidents be reviewed by the police and local councils (or other relevant bodies). They will then determine whether a certain threshold has been reached, usually three complaints over a six-month period (so answers B and D are incorrect).
Policing Public Order, Anti-social Behaviour, and Harassment, para 14.2.1.4.
The police have received information that EDEN (a well-known drug dealer) will be driving from his home in London to a location somewhere in the Midlands where he will purchase a large amount of cocaine. As part of the operation to arrest EDEN and other offenders involved in the drug deal, the police want to place a tracking device underneath EDEN’s car so that they can follow his movements as he drives to the Midlands.
In relation to the placing of the tracking device underneath the car, which of the following comments is correct?
A. This amounts to directed surveillance and will require an authorisation from an officer of the rank of inspector or above.
B. This amounts to intrusive surveillance and will require an authorisation from an officer of the rank of chief superintendent or above and approval by a surveillance commissioner.
C. This amounts to directed surveillance and will require an authorisation from an officer of the rank of superintendent or above.
D. This amounts to intrusive surveillance and will require an authorisation from a chief officer and approval by a surveillance
Surveillance is not intrusive if it only provides information about the location of a vehicle - it is directed surveillance (answers B and D are incorrect). Directed surveillance is authorised by an officer of the rank of superintendent or above (answer A is incorrect).
Intelligence, para 23.4.2 and 23.4.2.2
HALSALL attacks LAKER who resists the attack by scratching HALSALL’s face with her fingernails leaving scratch marks on HALSALL’s face. HALSALL overcomes LAKER and ties her wrists together with a piece of rope before raping LAKER. The police are called to the scene and arrest HALSALL. They search the scene of the arrest and recover the piece of rope used to tie LAKER’s wrists together. HALSALL is taken to a designated police station and interviewed regarding the offence. He replies ‘no comment’ to every question posed to him. The interviewing officer believes the scratch marks on his face and the rope found at the scene are attributable to HALSALL taking part in the offence.
Which of the following statements is correct when considering giving HALSALL a ‘special warning’ (under s. 36 of the Criminal Justice and Public Order Act 1994)?
A. HALSALL can be given a ‘special warning’ in relation to the scratch marks on his face and the rope found at the scene of his arrest.
B. HALSALL can be given a ‘special warning’ but only in relation to the scratch marks on his face.
C. HALSALL can be given a ‘special warning’ but only in relation to the rope found at the scene of his arrest.
D. HALSALL cannot be given a ‘special warning’ in these circumstances.
Section 36 of the Criminal Justice and Public Order Act 1994 states a ‘special warning’ may be given when a person is arrested by a constable and there is on his person (the scratch marks on his face) or in any place in which he is at the time of his arrest, any object (the rope), substance or mark or mark on any such object that the constable reasonably believes is attributable to the defendant participating in the offence and the defendant fails to account for such marks, objects etc. This means that a ‘special warning’ can be given for both items (correct answer A).
Investigative Interviewing, para 25.5.9.1
ACTON and MAHONEY live together but have an unstable relationship where they frequently argue resulting in the police attending the house they cohabit frequently. PC MOSELY is sent to the house after neighbours report an argument and when the officer attends he sees that ACTON has been assaulted. ACTON tells the officer that MAHONEY was responsible and MAHONEY is arrested for the assault. ACTON is taken to a police station to obtain a statement from her and she tells PC MOSELY she is going to leave MAHONEY but is frightened he will come to the house after he is released by the police and assault her again. As a result, a Domestic Violence Protection Notice (a DVPN) is issued telling MAHONEY to leave the house and preventing him from entering it.
What is the maximum time that the DVPN will run for?
A. Up to 24 hours.
B. Up to 48 hours.
C. Up to 72 hours.
D. Up to 96 hours.
A Domestic Violence Protection Notice (DVPN) is imposed by the police in the immediate aftermath of a domestic violence incident, and prevents the abuser from having contact with the victim or returning to the victim’s home for up to 48 hours.
Protection from Violence, Abuse and Neglect, para 13.6.1.1
LEWIS is drinking in the bar of ‘The Cherry Tree’ pub. He is not drunk but begins to behave is a disorderly way resulting in HOLMAN (the owner and holder of the premises licence at the pub) requesting him to leave. LEWIS refuses to do so. HOLMAN is joined by several members of pub staff and under pressure, LEWIS leaves - on his way out HOLMAN tells LEWIS he is ‘barred’ from the pub for life. Several hours later LEWIS attempts to get into ‘The Cherry Tree’ again but is stopped from doing so by HOLMAN. HOLMAN calls the police to complain about LEWIS and PC ANSTEAD visits the pub. Whilst the officer is there, LEWIS manages to get into the pub. PC ANSTEAD requires him to leave and he refuses to do so.
At what stage, if at all, does LEWIS first commit an offence of failing to leave licensed premises (contrary to s. 143(1) of the Licensing Act 2003)?
A. When HOLMAN requires him to leave the pub and he fails to do so.
B. When he attempts to get into the pub having been barred.
C. When PC ANSTEAD requires him to leave the pub and he fails to do so.
D. He does not commit the offence as he is not drunk.
A drunk or disorderly person (answer D is incorrect) commits a summary offence under s 143(1) of the Licensing Act 2003 if without reasonable excuse he/she:
• fails to leave relevant premises (when requested to do so by a police officer or a responsible staff member); or
• enters (or attempts to enter) relevant premises having been requested not to enter.
The offence is committed when LEWIS fails to leave relevant premises (the pub) when requested to do so by a responsible person (HOLMAN) - answers B and C are incorrect.
Alcohol, Drugs and Substance Abuse, para 12.4.1
