Powers of Arrest Flashcards

Question 1

Q

What information must be given on arrest?

Answer

A

that they are under arrest
the grounds for arrest-even if obvious
THIS APPLIES TO MEMBERS OF THE PUBLIC MAKING ARRESTS ALSO
if the person escapes detention before this information is given it is still lawful
this must be given in simple, non-technical language
it does not matter if the word arrest is used specifically as long as it is conveyed
it does not matter if the wording covered more than one offence (using burglary or fraud) as long as it describes the offence

Question 2

Q

Where can a juvenile be arrested?

Answer

A

They can be arrested anywhere but should not be at their place of education unless unavoidable. If they are the PRINCIPAL or their NOMINEE must be informed.

Question 3

Q

What are the 2 elements of a lawful arrest?

Answer

A

a persons involvement, suspects involvement or attempted involvement in the commission of an offence
the belief their arrest is necessary

Question 4

Q

What is the principal of establishing the lawfulness of an arrest (the Castorina test)?

Answer

A

does the arresting officer reasonably suspect the person arrested was guilty of an offence
is there reasonable cause for that arresting officers suspicions
was the officers discretion to arrest reasonable under all of the circumstances
where an offence is committed and only a small group of people could have committed it; it is reasonable to arrest them all.
being told to arrest someone is not sufficient

Question 5

Q

What are the necessary grounds for arresting?

Answer

A

to enable a prompt and effective INVESTIGATION (see page 115)
to prevent the persons DISAPPEARANCE
to protect a CHILD or vulnerable adult
prevent unlawful OBSTRUCTION of a highway
prevent PHYSICAL injury to himself or others
prevent an offence agains PUBLIC decency
Causing LOSS or damage to property
to ascertain the ADDRESS of the suspect (they cannot ascertain it, do not know it or doubt the address given is real)
to ascertain the NAME of the suspect (they cannot ascertain it, do not know it or doubt the name given is real)

Question 6

Q

What do you need to tell someone who attending a voluntary interview?

Answer

A

that him their arrest is not necessary but that they will be interviewed under caution
entitlement to legal advice
date and time of the interview
that if they do not attend their arrest will be necessary

Question 7

Q

When can a person be arrested at a police station when attending a voluntary interview?

Answer

A

when new evidence has come to light to change the circumstances
that it was not practicable to do it before their arrival
if the suspect decides to leave the interview before its conclusion (the possibility that they might leave is not enough)

Question 8

Q

What is the power of “citizens arrest”?

Answer

A

Any person other than a constable may arrest anyone…

in the act of committing an indictable offence or
with reasonable grounds to suspect is committing an indictable offence or
guilty of an indictable offence (TGE OFFENCE MUST HAVE HAPPENED) or
with reasonable grounds to suspect is guilty of an indictable offence (THE OFFENCE MUST HAVE HAPPENED)

They may make the offence to prevent…

them causing injury to themselves or another
suffering injury themselves
preventing loss or damage to property
making off before a constable can take responsibility

Question 9

Q

What differences apply to attending voluntarily than being arrested?

Answer

A

you are free to go at any time

- if the officer decides to prevent the person leaving THEY MUST BE ARRESTED

Question 10

Q

Where can you take someone after arrest?

Answer

A

the station they should be taken to should be a DESIGNATED POLICE STATION
you can take them to ANY police station if they are going to be in detention for 6 HOURS OR LESS
you can also take an arrested person to ANY police station if you have arrested them without another constable or taken them into your custody from another without the help of another constable AND cannot take them to a designated police station without hurting themselves or another first
if you do this you have to get them to a designated station in under 6 hours or release them
you can only delay taking someone to a station immediately if there is a matter requiring your immediate attention to investigate (CHECKING OUT AN ALIBI MAY SUFFICE HERE)

Question 11

Q

What is the power of arrest to take samples?

Answer

A

Any person who has…

been CHARGED but have NOT HAD a sample taken or it was INSUFFICIENT or UNSUITABLE for analysis
been CONVICTED but not had a sample taken since CONVICTION
been CONVICTED and had a sample taken before or after CONVICTION that was INSUFFICIENT or UNSUITABLE

Question 12

Q

What does s29 mean in regards to voluntary assistance in an investigation?

Answer

A

Anyone who, with the purpose of assisting an investigation, attends voluntarily…

at a police station or
ANY OTHER PLACE

…without being arrested…

shall be entitled to leave at will unless arrested
shall be informed of any such arrest AT ONCE if a decision is taken to arrest them to prevent them leaving
this includes victims and witnesses assisting

Question 13

Q

What does S31 mean for someone in custody who is under arrest already but suspected of other arrestable offences?

Answer

A

This places an obligation on officers to arrest someone who is already in custody and known by them to be liable for arrest (suspected/wanted) for another offence. This prevents this person being released and then immediately or later arrested for another offence.

there is nothing stating that they need to arrest this person IMMEDIATELY; it can be done ANY TIME UP UNTIL THEIR TIME OF IMMINENT RELEASE. Holding off arresting does not impact on the investigation of that offence.

Question 14

Q