Arrest

Question 1

INFORMATION TO BE GIVEN ON
ARREST
* All arrests:

Answer 1

INFORMATION TO BE GIVEN ON
ARREST
* All arrests:
* Told that they are under arrest as practicable
after the arrest.
* told so even if it is obvious that they are under arrest.
* Informed of the grounds for the arrest at the time or as
soon as practicable after the arrest.
* told of the grounds
even if the grounds are obvious.

Question 2

what does code G require a record of what info

Answer 2

• The nature and circumstances of the offence leading to the arrest.
• Reasons why the arrest was necessary.
• Giving of the caution.
• Anything said by the person at the time of the arrest.

Question 3

when must someone be cautioned

Answer 3

on arrest or further arrest

Question 4

Exceptions of caution

Answer 4

Where it is impracticable to do so by reason of the persons condition or behaviour at the time
Or
* Where they have already been cautioned
immediately before the arrest.

Question 5

Terms of caution

Answer 5

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Question 5

CONSTABLES POWER OF ARREST

three key areas need to be considered:

Answer 5

• (1) What are reasonable grounds to suspect.
• (2) lawfulness of the arrest
• (3) The necessity criteria.

Question 6

REASONABLE GROUNDS TO SUSPECT

Answer 6

• The courts will consider whether, in the
  circumstances a reasonable and sober person might have formed a similar view as the officer.
• The test of reasonable suspicion is lower than requiring the officer to provide prima facie evidence of guilt.
• Suspicion can take into account matters that would not be put before the courts as evidence (e.g.
  intelligence)

Question 7

ARREST BY CONSTABLES
Actual Offence About to be
Or
Is Being Committed

Answer 7

The officer has reasonable grounds for suspecting that the person is either about to or is committing the offence

Question 7

HE CASTORINA TEST
* The key test for establishing the lawfulness of an arrest
without warrant is set out in the case of Castorina V
The Chief Constable of Surrey 1996.

Answer 7

• (1) Did the officer suspect that the person arrested was
  guilty of the offence.
• (2) If so was there reasonable grounds for the officers
  suspicion.
• (3) Was the arresting officers actions reasonable in all
  the circumstances.

Question 8

ARREST BY CONSTABLES- Suspected Offence Has been Committed

Answer 8

The officer has reasonable grounds to suspect that the person is guilty of it.

Question 9

ARREST BY CONSTABLES - Actual Offence Has been Committed

Answer 9

The person is either guilty of the offence or
the officer reasonable suspects is guilty of it.

Question 10

LAWFULNESS OF ARREST

Answer 10

A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence
AND
* Reasonable grounds for believing that the person’s arrest is necessary.