Wednesday Exam 1 Flashcards
(15 cards)
When should we caution someone
A caution must be used at any time when you believe that an individual is guilty of an offence and you think that the individual may say something related to that offence either voluntarily or because you intend to question them about the offence.
…so it can be either
When not under arrest but suspected of an offence
When arrested
A person who is arrested must be cautioned unless
It is impracticable to do so by reason of their condition or behaviour at the time
They have already been cautioned immediately prior to arrest (eg where there are grounds to suspect of an offence, the person must be cautioned before questions are asked about the offence) (Code G 3.4)
When would you use the NOW caution
Used when charged/reported or informed they might be prosecuted
What does the NOW caution do
- Effectively draws a line under the questioning process.
What is a restricted caution
- The purpose of the restricted caution is to make it clear to a suspect that adverse inferences cannot be drawn at court and their defence will not be harmed because they do not choose to say anything.
A caution is not required when
to establish identity
to establish ownership of a vehicle
to seek verification of a written record, such as when a suspect is shown a written record e.g. Contemporaneous (written interview)of their answers to police questions regarding an offence
office are governed by ????? for use of force
Section 117 PACE 1984 (when an arrest is made reasonable force may be used)
Section 3 Criminal Law Act 1967 (officers may use reasonable force in the circumstances to prevent crime)
Criminal Justice and Immigration Act 2008
Common Law
Common Law - Reasonal Force the force must be what 2 things?
necessary and reasonable
SS 66 - 67 COP G is what
Statutory power of arrest
What is a arrest
The physical apprehension of a person with a view to detaining him or her at a police station in order to facilitate the investigation of an offence and or to secure his or her appearance in Court
Can also be protective and preventative
Section 24PACE
Arrest without warrant by Constables
Section 24a PACE
Arrest without warrant by other persons
What conditions make an arrest necessary
Name not known/PC doubts name
b) correspondingly as regards the person’s address;
c) To prevent the person in question—
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency
(v) causing an unlawful obstruction of the highway;
d) to protect a child or other vulnerable person from the person in question;
e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
Section 24 - 1. a constable may arrest without a warrant if
- a) Anyone who is about to commit an offence;
b) Anyone who is in the act of committing an offence;
c) Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
d) Anyone whom he has reasonable grounds for suspecting to be committing an offence
Why can a constable arrest without a warrant
- If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
- If an offence has been committed, a constable may arrest without a warrant- (a) anyone who is guilty of the offence; (b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
- But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
