Arrest & related search powers Flashcards
(17 cards)
IDCOPPLAN
- Investigation (prompt & effective - need to be specific on how you want to investigate e.g. lab testing, recorded interview under caution)
- Disappearance
- Child/Vulnerable person
- Obstruction of the highway
- Physical Injury
- Public decency
- Loss/damage to property
- Address
- Name
5 part arrest
1) You are under arrest
2) Offence
3) Reason/grounds
4) Necessity (IDCOPPLAN)
5) Caution
Relevant comment definition
Anything relevant to offence said at any time during investigation (even before caution). Implies guilt/innocence of sus/any other party
Significant statements definition
Any type of relevant comment which indicates guilt of sus
Unsolicited comment definition
Unprompted, relevant to case, said at any time outside of interview
What Act & section is citizens arrest
& definition
S24A PACE
- seen offender commit/has reasonable suspicion indictable only offence
- if constable not present & arrest necessary
What Act & section can constable arrest under?
& definition
S24(1-3) PACE
- reasonable grounds to suspect someone is about to commit offence/in the act of committing offence/has committed offence
- may arrest w/o warrant anyone; w/ reasonable grounds to suspect they’re guilty
- summary & indictable offences
De-arresting procedure
1) Arrested person informed immediately & that they are free to go
2) PNB entry of circumstances, grounds, necessity for arrest & why grounds & necessity no longer applies
3) Dock BWV of arrest & de-arrest & save footage
Caution:
When to use ‘when questioned’ or ‘now’
- Use ‘now’ when charging/reporting for summons
- when arresting/interviewing use ‘when questioned’
Alternatives to arrest
- Fixed Penalty Notice
- Caution +3 (voluntary interview)
- Report for summons
- Community resolution
- Discretion
What is S17 PACE
Power to enter & search any premises for a person
Power can be used for WASPS:
- Warrant (belief)
- Arrest for indictable (or either way offence) or person unlawfully at large (belief)
- Save life or limb (suspicion)
- Prevent serious damage to property (belief)
- Specific offence - some summary offences named under S17 you can enter & search for a person for (belief)
WASPS
S17 reasons you can enter & search property for a person - WASPS
Power can be used for WASPS:
- Warrant (belief)
- Arrest for indictable (or either way offence) or person unlawfully at large (belief)
- Save life or limb (suspicion)
- Prevent serious damage to property (belief)
- Specific offence - some summary offences named under S17 you can enter & search for a person for (belief)
What is S18 PACE
- S18(1)
- S18(5)
- Entry & search of premises after arrest
- Can use force to enter but ask sus for keys 1st
- Indictable (& either way) offences only
- Enter any premises occupied/controlled by sus
- Suspicion there is evidence relating to offence arrested for/similar/connected offence
- Power to seize & retain
S18(1) - Insp written authority
- Sus in custody & not coming with us to address
S18(5) - after arrets but before sus taken to station
- no auth required (must inform Insp ASAP)
- Sus has to be w/ us in order to make it an effective search (e.g. needs to enter PIN codes)
What is S19 PACE
- General power of seizure
- Come across items you want to seize which are unrelated to original offence
- Must already be lawfully on premises
- Believe property obtained in commission of offence
- Necessity to seize: CLAD (Concealed, Lost, Altered, Destroyed)
CLAD mnemonic
For necessity of seizure under S19
CLAD:
- Concealed
- Lost
- Altered
- Destroyed
What is S32 PACE
- Power of entry & search following arrest
- Search person only following any arrest in any location
- Search premises for indictable (either way offences)
- Also power to seize & retain
To search person:
- Must believe they have one of DIE
- Danger to anyone
- Implement to escape
- Evidence of ANY offence
To search premises:
- Can search where sus was at time of arrest/immediately before
- Must have reasonable belief there is evidence relating to offence on premises
-can be priv place, public place, dwelling
