Flashcards in Arrest and Detention, Charging Decisions and Police service to Victims. Deck (23):
What is arrest?
Lawfully taking a person suspeted of committing an offence in to custody.
What are examples of when you can detain a person, therefore depriving them of their liberty without arrest??
If a section 20 search under the search and surveillance act 2012 is envoked.
If a section 118 search under the search and surveillane act is envoked.
During EBA procedures
Care and protection (S36 Policing Act 2008).
What is arbitrary detention?
A unlawful, unreasonnable or unecessary arrest, i.e could have been summonsed instead of arrested.
What are some consequences of arbitrary detention?
Statements made from any persons during arbitrary detention may be inadmissible in court.
The case could be dismissed.
Officer could be civially liable.
When can an arrest be made without a warrant?
When an officer has good cause to suspect someonee has committed a crime that is an imprisonable offence.
What section of the Child young persons and their families act 1989 must you ensure applies when arresting a young person?
Apart from when S214 of the CYPFs act 1989 is ensured on what other occassion can you arrest a young person?
6D - if a young person is located breaching his bail, he may be detained. If it the third time the young person has breached his bail he can be arrested.
What factors should you always consider when deciding to arrest a person?
Threat, Exposure, Necessity, Response.
What are some occassions when you should not arrest a person?
When the matter can be dealt with by way of summons or dealt with by way of warning or caution.
What does section 32 of the Policing Act 2008 state you can do when identity is an issue?
That a person can be detained to obtain a persons fingerprints/photograph for evidentiary purposes if identity is an issue. This cannot be sufficient reason to arrest on alone.
What are the rights of a person who is under arrest or detained?
Informed of the reason for arrest, that they can speak to a lawyer if ther wish, taken to court as soon as possible, that they don't have to make a statement. Caution rights.
Section 4 of the Victims Rights Act 2002 defines a victim as..
A person whom an offence has been committed against.
A person whom as a result of an offence has lost property or had damage cause to their property or suffers injury.
A parent or guardian of a person who relates to the above.
An immediate family of a person who relates to the above and as a result the person has died or become incapable.
Under section 7 and 8 of the Victims Rights act 2002 who else can be a victim?
A person who suffers any form of emotional harm from an offence.
A parent of a person who has suffered from the above.
A person who has witnessed domestic violence.
Who can be support persons?
Spouse, partner, parents, lawyers
What are some short term reactions of a victim?
Shock, disbelieef and denial.
What are some long term reactions of a victim?
Shock, disbelief, denial, exhaustion, anger, fear, guilt, self-blame, grief/sorrow.
What are the main focuses of the prevention first - victim focus tactic?
Improving the quality of service to victims over offenders. Reducting repeat victimisation by improving service and ensuring to offer crime prevention advice.
What are the 3 levels of the graduated reponse model and what do they relate to?
Bronze response - basics
Silver Response - Basics and follow ups.
Gold response - Basics, follow up and engagement.
In relation to the victim history scorecard what are the 3 levels and what do each relate to?
Green victim - low level victims.
Amber - repeat victims, singular serious offence.
Red - High risk repeat victims, serious victimistation.
What are the main principles of victim service?
Treatment of victims, access to services and restorative justice to resolve issues.
What is the victim notification system?
Is a system that can be used by victims of offences specificed in S29 of the victims rights act 2002.
The system ensures victims who are on the system are informed on the offenders every move i.e get released on bail, or prison, die in prison, escapes, trial dates etc.
What does the court victim advisor do?
Explains to the victim how the court system works, the victims rights, tour of the court, provide booklets and information.