Day four

Question 1

code G 2.4

Answer 1

power of arrest remains an operational decision at the discretion of the arresting officer

Question 2

function of arrest

Answer 2

physical apprehension of a person with intent of detaining them at a police station to facilitate investigation for an offence

Question 3

serious and organised crime police act 2005

Answer 3

made all offences arrestable without warrant as long as there are reasonable grounds for suspicion and believing arrest is necessary

Question 4

section 24 PACE

Answer 4

arrest without warrant by constables

Question 5

section 24A PACE

Answer 5

arrest from warrant by other persons

Question 6

magistrates courts act 1980 & bail act 1976

Answer 6

arrest warrant

Question 7

common law

Answer 7

Court law as opposed to case law

Question 8

article 5 ECHR

Answer 8

right to liberty

Question 9

lawful arrest under 24 PACE needs?

Answer 9

1st - persons involvement or suspected/attempted involvement in criminal offence
2nd - reasonable grounds for believing persons arrest is necessary

Question 10

subjective test

Answer 10

did arresting officer suspect they were guilty of the offence? dependent on officer state of mind, decided by jury

Question 11

objective test

Answer 11

assuming the officer had necessary suspicion was there reasonable cause for the suspicion

Question 12

section 24 ss 1

Answer 12

constable may arrest without warrant anyone who is committing an offence, anyone who he has reasonable grounds for suspecting committing an offence

Question 13

section 24 ss 2

Answer 13

constable may arrest without warrant anyone who is suspected of any offence and they have reasonable grounds for arrest

Question 14

section 24 ss 3

Answer 14

an offence has been committed a constable made an arrest without warrant

Question 15

section 24 ss 5

Answer 15

necessity for arrest:
a) name of the person to be ascertained
b) ascertaining persons address
c) prevent themselves or others from injury
d) protect a child or other vulnerable person
e) allow prompt and effective investigation
f) prevent them from going missing

Question 16

C

Answer 16

Child and vulnerable person protection

Question 17

O

Answer 17

Obstruction of the highway

Question 18

P

Answer 18

Prevent injury to self and others

Question 19

P

Answer 19

Public decency

Question 20

L

Answer 20

Loss or damage to property

Question 21

A

Answer 21

Address not known or doubted

Question 22

N

Answer 22

Name not known or doubted

Question 23

I

Answer 23

Investigation prompt and effective

Question 24

D

Answer 24

Disappearance prevention

Question 25

why investigation in necessity test? one

Answer 25

interview relies on outcome of other investigative action

Question 26

why investigation in necessity test? two

Answer 26

possible need for special warning to be given

Question 27

why investigation in necessity test? three

Answer 27

person has made a false statement or given false evidence

Question 28

why investigation in necessity test? four

Answer 28

person may steal or destroy evidence

Question 29

why investigation in necessity test? five

Answer 29

person may collude or contact co-suspects

Question 30

why investigation in necessity test? six

Answer 30

person may intimidate threaten or contact witness

Question 31

why investigation in necessity test? seven

Answer 31

evidential comparison samples, impressions or fingerprints needed

Question 32

why investigation in necessity test? eight

Answer 32

search examination or photography needed

Question 33

why investigation in necessity test? nine

Answer 33

premises search via s32 and s18 needed

Question 34

why investigation in necessity test? ten

Answer 34

may need to be detained for over 24 hours

Question 35

why investigation in necessity test? eleven

Answer 35

prevent a person from contact with others

Question 36

why investigation in necessity test? twelve

Answer 36

unlikely to attend a police station voluntarily

Question 37

information you need to give when arresting

Answer 37

that they are under arrest grounds for arrest offence arrested for necessity for arrest caution them

Question 38

section 32 of PACE

Answer 38

searching a person after arrest for anything which could be relevant evidence

Question 39

when questioned caution

Answer 39

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

Question 40

now caution

Answer 40

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 in evidence

Question 41

restricted caution

Answer 41

you do not have to say anything but anything you do say may be given in evidence

Question 42

significant silence

Answer 42

failure or refusal to answer a question or answer satisfactorily when under caution

Question 43

arresting

Answer 43

when questioning make sure everything is put into pocket notebook word for word, put all significant statements and relevant comments in PNB make sure they sign the PNB

Question 44

when is a suspect a voluntary attender?

Answer 44

cannot justify arresting no vulnerability put it to the sergeant historic/minor offences