Arrest Procedures

Question 1

Recite the caution

Answer 1

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 2

What is a summons?

Answer 2

Summoned to court by letter or hand delivered

Question 3

What is an arrest or warrant?

Answer 3

Where a person has been shown as wanted for an arrestable offence (make sure warrant is live).

If asked, you are to show the warrant to the person as soon as practicable.

Question 4

What is arrest without warrant?

Answer 4

Where an offence has been committed and the officer makes an arrest.

Question 5

What two instances can a magistrate issue a no bail warrant?

Answer 5

1. Failing to appear at court.

2. Suspected of committing an indictable offence.

Question 6

When can a constable arrest without warrant? 24(1)

Answer 6

1. If someone is about to commit an offence.
2. If someone is in the act of committing an offence.
3. If the officer has reasonable grounds to suspect someone is about to commit an offence.
4. If the officer has reasonable grounds to suspect someone is committing an offence.

Question 7

What are the reasonable grounds for suspicion?

Answer 7

1. The officer must have formed a genuine suspicion in their own mind that the subject is guilty of said offence.
2. With the information and intelligence that the officer has, if presented to a reasonable person, that person would come to the same conclusion based on the same facts and intelligence.

Question 8

What two elements must be fulfilled for an officer to make an arrest under section 24 PACE 1984?

Answer 8

1. The subjects involvement, suspected involvement or attempted involvement in comission of a criminal offence.
2. Reasonable grounds for believing persons arrest is necessary.

Question 9

What is a section 32 search and what can be looked for (DIE)

Answer 9

Post arrest search to look for:
Dangers to self or others
In possession of implements to aid escape
Evidence of an offence

Question 10

What section may a constable arrest under?

Answer 10

Section 24 of pace

Question 11

What is the arrest procedure?

Answer 11

Inform:
Under arrest
Reason for arrest
The necessity (IDCOPPLAN)
The caution

Question 12

What is IDCOPPLAN

Answer 12

Investigation (prompt and effective)
Disappearance (prevent)
Child or vulnerable person (protect)
Obstruction of highway (prevent)
Physical injury (prevent)
Public decency offence (prevent) 
Loss or damage to property (prevent) 
Address (unknown, doubted or cannot ascertain) 
Name

Question 13

What is SPECIMENS and what is it used for?

Answer 13

For prompt and effective investigation

Statement 
Photos
Evidence 
Contact
Intimidate
May need bail conditions
Evade
Necessary questioning 
Search

Question 14

What section is de arrest?

Answer 14

Section 30 of pace

Question 15

What is section 24a of pace?

Answer 15

Citizens arrest