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DHEP Exam 2 > Arrest > Flashcards

Arrest Flashcards

1
Q

What is the definition of an interview?

A

An interview is the questioning of a person regarding their involvement or suspect involvement in a criminal offence or offences which must be carried out under caution

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2
Q

When is the ‘when questioned’ caution used?

A

Indicates an intention to ask questions about an offence

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3
Q

When is the ‘now’ caution used?

A

At the conclusion of process when a person is reported or charged for an offence

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4
Q

What is a relevant comment?

A

A relevant comment includes anything which might be relevant to the offence

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5
Q

What is a significant comment?

A

Includes anything which could be used in evidence against the suspect

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6
Q

What is a significant silent?

A

That is a silence which might give rise to inferences being drawn

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7
Q

What should you do when making a record?

A

Enter into pocket note book ASAP

Include time, date, persons present and signed by maker

Suspect given opportunity to read and sign and indicate and inaccuracies

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8
Q

What is cross contamination?

A

Anyone who entered the scene both take something of the scene with them and leave something of themselves behind

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9
Q

What should you do when transporting a prisoner to the police station?

A
  1. Before you put prisoner in vehicle search it in their presence
  2. Remove all equipment from area in vehicle that prisoner will be placed
  3. Activate child locks
  4. Never handcuff arrested person to vehicle or fixed object
  5. On arrival at station search the vehicle again in their presence
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10
Q

Define Section 136 Mental Health Act 1983

A

If a police officer finds a person in a public place who appears to be suffering from mental disorder and to be in immediate need of care or control the police officer may if they think it necessary to do so in the interests of that person or for the protections of other persons, remove that person to a place of safety

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11
Q

What should you inform the custody sergeant of?

A

Circumstance of arrest
Use of force
Involvement of the suspect
Necessity of arrest
Other needs

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12
Q

What information should be given to the suspect in cutsody?

A

Someone can be informed

Free independent legal advice

Consult the code of practice

View custody record

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13
Q

What will the custody record contain?

A

Personal information

Every action or decision

Every entry signed and timed

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14
Q

What is an appropriate adult?

A

Juveniles and detainees who are mental vulnerable are entitled to the support of an appropriate adult

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15
Q

What should you consider prior to making an arrest?

A

The event - what has happened?

The individuals involved

Whether there are any physical or mental ill health which requires medical attention

Any offence

The needs of the investigation process

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16
Q

What makes a lawful arrest?

A

Telling them they are under arrest

The grounds for the arrest

The necessity for the arrest

Caution ‘when questioned’

17
Q

What is further arresting?

A

Where a second offence is identified when already under arrest you must consider the necessity test criteria. In such cases you must inform them that they are also under arrest for the other offence as well (section 31 PACE)

18
Q

Define Section 30 (7) PACE 1984

A

De-arrest

A person arrested by a Constable at a place other than a police station shall be released without bail if a Constable is satisfied at the time before the person reaches the police station that there are no grounds for keeping him or her under arrest or releasing him or her on bail. The Constable must record the fact that this has happened.

19
Q

What must you record in EPNB after an arrest?

A

Nature and circumstances of the offence leading up to arrest

Reasons why arrest was necessary

That a ‘when questioned’ caution was given

Anything said by that person at time of arrest

20
Q

What are 4 ways a person can be brought to court?

A

Postal charge requisition
Summons
Arrest on warrant
Arrest without warrant

21
Q

What is a summons?

A

It is a written order signed by a justice, magistrate or clerk of the court address to the accused person, directing them to appear at a specified time and place to answer to the offence(s) detailed in it (or to give evidence or produce exhibits)

22
Q

What is a warrant?

A

A written document issued by a magistrate or a judge which instructs the specified persons (normally a Constable) to which it is address to do a particular act

23
Q

Write out JPLANE

A

Justified
Proportionate
Legal
Accountable
Necessary
Ethical

24
Q

Define section 24(1) PACE 1984

A

A Constable may arrest without warrant anyone who: Is about to commit an offence, is in the act of committing an offence.

They have reasonable grounds to suspect to be:
A) about to commit an offence or
B) in the act of committing an offence

25
Q

Define section 24(2) PACE 1984

A

If an officer has reasonable ground for suspecting that an offence has been committed they may arrest anyone whom they have reasonable grounds to suspect of being guilty of it

26
Q

Define section 24(3) PACE 1984

A

If an offence has been committed an office may arrest anyone who:
A) is guilty of the offence
B) they have reasonable grounds for suspecting to be guilty of it

27
Q

What is Code G of PACE?

A

Necessity to arrest

I - to allow the prompt and effective investigation of the offence
D - to prevent the disappearance of the person in question
C - to protect a child or other vulnerable person
O - to prevent causing unlawful obstruction of the highway
P - prevent causing injury to himself or others
P - commuting an offence against public decency
L - causing loss of or damage to property
A and N - ascertain a persons name or address

28
Q

Define section 24A(3) PACE 1984

A

A person other than a Constable may arrest without warrant anyone who: is in the act of committing an indictable or triable either way offence. They have reasonable grounds for suspecting to be committing an indictable or triable either way offence

29
Q

What alternatives are there to arrest?

A

NFA
Persuade, advise and warn
Caution
Out of court disposal
Youth referral
Community resolution
Restorative justice
Postal charge requisition
Report for summons/prosecution
Voluntary interview

30
Q

What would you look at for a vulnerability assessment?

A

Appearance
Behaviour of the detainee
Any signs of illness or injury
Their style and level of communication
Collaborative information from all sources
The circumstance and environment in which they were found in

DHEP Exam 2 (24 decks)

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