Caution & Arrests Flashcards
What is the “When” caution
You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
What is the “now” caution
You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given on evidence.
When is the “now” caution used
When someone is being prosecuted for an offence
When is the “when” caution explained
When someone is going to be asked more questions before prosecution
What is the “restricted” caution
You do not have to say anything, but anything you do say may be given in evidence.
What legislation covers arrest without warrant
Sec 24 PACE
What PACE code covers arrest powers
PACE code G
When can someone arrest without warrant
-Anyone who is about to commit an offence
-Anyone who is in the act of commuting an offence
-Anyone whom they have reasonable grounds for suspecting to be about to commit and offence
-Anyone when they have reasonable grounds for suspecting to be committing an offence
What are the necessities for arrest
Child protection
Obstruction of highway
Public decency
Prevent injury
Loss or damage
Address not known
Name not known
Prevent disappearance
Prompt & effective investigation
What is arrest procedure
Identify themselves as police
Tell them they are being arrested
Tell them what they’re arrested for
Explain why it’s necessary
Explain that they can’t leave
What offences can police charge for
Summary only
Retail theft
Either way offences with anticipated guilty plea
