Police Revision 2 Arrest and Caution

• The codes of practice

• That they are entitled to free legal advice

• That they have the right to inform someone where they are

That they are under arrest
The grounds for the arrest
The necessity of the arrest (use IDCOPPLAN)

Then caution them

A court order that tells someone to attend court on a future date

It can be a witness or a defendant summons

In person, or by post, or can leave with another person at the last known abode

A court order which directs a Pc to carry out a specific action

A commitment warrant - instructs the police to take someone to prison

An arrest warrant - may be issued to arrest someone for an offence or for failure to answer a summons or an extradition warrant.

it must be cancelled on the PNC

PLN (plan without the A)

Proportionality (reasonable grounds)
Legality (powers of arrest)
Necessity (necessity to arrest

• is arrest the best course of action? Could you just report the person for summons ?

• do you have the grounds for arresting?

Article 5 - the right to liberty and security.

You can only deprive someone of this in certain circumstances - a lawful arrest.

S.24 pace 1984

Powers Relate to any offence (indictable or summary)

No.

You either commit a summary defence or you don’t. There is no inbetween.

The only exception is when a ‘statutory attempt’ is written into an act - this means someone can attempt to commit a statutory (ie drink and drive)

Yes.

Possession /supply unlawful drugs

criminal damage

robbery

burglary

deception offences

making of without payment

possession of offensive weapon

going equipped

aggravated vehicle taking

death by dangerous driving

manslaughter

rape

murder

theft

indecent exposure

• Public order offences S5,4,4a

• Battery

• common assault

• careless driving

• dropping litter

• obstructing a police officer

• drunk in a public place

• assaulting a police officer

• TWOC

• driving whilst disqualified

• careless and inconsiderate driving

1) a persons involvement, suspected involvement or attempted involvement in the commission of (carrying out) a criminal offence
2) reasonable grounds for believing that the persons arrest is necessary

Based on objective facts that another person can evaluate. (Eg: a time/place where a person is/ has been, property they are carrying, info from a witness, intel.

Someone involved in an offence

- based on objective facts

When you accept something as true.

-supported by stronger objective facts

S.24 (1) ‘A constable may arrest without warrant’; a) anyone who is about to commit an offence (ie spray can in hand about to graffiti a wall) b) anyone who is in the act of committing an offence (ie someone in act of stealing) c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence (ie someone in car park peering in car with bunch of skeleton keys) d) anyone whom he has reasonable grounds for suspecting to be committing an offence (ie someone who looks like they are dealing drugs)

S.24 (2) ‘If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant anyone whom he had reasonable grounds to suspect if being guilty of it’ (ie suspect someone taking drugs due to their behaviour and drug paraphernalia you find on them)

S.24 (3) ‘If an offence has been committed, a constable may arrest without a warrant; a) anyone who is guilty of the offence (ie someone commuted arson ad admitted involvement) b) anyone whom he has reasonable grounds for suspecting to be guilty of it (ie if theft committed and you have reasonable grounds to suspect someone is guilty of it as you find the stolen priority on them)

To answer an alleged charge

To prevent BoP

To take samples / fingerprints

To bring someone to court

To return someone to prison

A constable may arrest without a warrant for the following reasons:

(a) To find out the person’s name (if unknown or doubtful).

(b) To find out the person’s address (if unknown or doubtful).

(c) To prevent the person from:

i. Causing injury to self or others.

ii. Suffering injury.

iii. Causing loss 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 vulnerable person from the individual.

(e) To allow a prompt and effective investigation of the offence or the person’s conduct.

(f) To prevent the prosecution being hindered by the person’s disappearance.

In short: S.24(5) sets out the necessary and lawful reasons a constable can arrest without a warrant to ensure safety, proper investigation, and justice.

IDCOPPLAN

Investigation - cant conduct a prompt an effective investigation ants other way

Disappearance - good grounds to aspect person will disappear or fail t o attend court

Child - arrest is necessary to protect a child or vulnerable person

Obstruction - to prevent an obstruction of the highway

Physical injury - necessary to prevent a person causing physical injury to self or others

Public decency - necessary to prevent public indecency

Loss or damage To property - necessary to prevent loss/damage or further loss/damage to property

Address - if address of suspect not known and can’t be readily ascertained

Name - if name of suspect not known and can’t be readily ascertained, or name given is suspected false

You must use at least one, better If can use more than 1, of the above justifications when arresting someone

That they are under arrest

The grounds for the arrest

The reason(s) for the arrest being necessary (give all applicable reasons form IDCOPPLAN)

Then you caution them!

Record the time and any reply they make.

Any witnesses will hear this and be able to corroborate this in court

S.24(a) pace 1984

Anyone who is in an act of committing an indictable offence

Anyone whom he/she has reasonable grounds for suspecting to be committing an indictable offence

Anyone who is guilty of the offence

Anyone whom he/she has reasonable grounds for suspecting to be guilty of it

Summary offences

Anyone who is 'about to' commit an indictable offence

• Causing physical injury

• Suffering physical injury

• Causing loss/damage to property

• Making off before PC can assume responsibility for them

• If it appears that it is not reasonably practicable for a PC to make it

S.30 (7,7a &8) pace 1984

'A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station that there are no grounds for keeping him or her under arrest or releasing him/her on bail. The constable must record the fact that this has happened'

Example: if you arrest as person won't give their name, then they give you it on the way to the station)

S.32 PACE 1984

' A constable may search a person who has been arrested at a place other than a police station if the constable has reasonable grounds for believing that the arrested person may;

• present a danger to themselves or others

• have concealed on them anything which they might use to assist themselves to escape from lawful
  Custody

• have concealed on them anything which might be evidence to an offence'

S32 goes on to say that you cans with any premises that person was in at the time of arrest or immediately before the arrest (however it must be an indictable offence and the search must be conducted in relation to that specific offence)

S32 pace 1984

Says that you can search any premises that the person was in at the time of arrest or immediately before the arrest.

You must be searching in relation to an indictable offence and only be searching in relation to that specific offence

S19 PACE 1984

ROAST

Reason for arrest

Offence(s) arrested for

Allegation

Summary

Times

S.54 pace 1984.

A custody officer has a duty to ascertain what property the person has on them when they come into

Custody

and safekeeping of such property which is taken from a detainee and remains in the police station.

S54 allows the custody officer to seize any property from the detainee

Therefore you would need to search

The suspect again at the station

Right to legal advice
Right to read the codes of practice
Right to have someone notified that they are at the station

They will also ascertain if the person needs any Medical assistance/ an interpreter/ dietary requirements etc

Summons (court order which tells the accused to attend court at a future date)

Arrest with a warrant (a court order instructing you to arrest someone)

Arrest without warrant (when sure you have the necessary powers to arrest under common or statute law)

S17

Yours and yours alone

PAW - persuade, advise, warn

Or you could issue a PND, an ABC or a summons

Use your discretion

PLAN

Proportionate
Legal
Accountable
Necessary

The impact (positive and negative) the arrest, or lack of arrest, will have on the suspect, victim, community

Common law
Arrest with warrant
Arrest without warrant

SHACKS

Seen

Heard

Actions

Conversation

Knowledge

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'

Code C pace 1984. para 10.4

'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'

Code C pace 1984. Para 16.2

This is the last opportunity for someone to say something relevant to their arrest

When you are Not arresting someone but you are inviting them to the police station to make a statement.

You would still caution them but then tell them the following 3 things..

1) That they are NOT under arrest
2) That they are free to leave at any point
3) That they are entitled to free legal advice

Where there is no tape player available and you have to write everything down manually, including questions asked.

S24 Pace 1984

'A constable may arrest without warrant anyone;
who is about to commit an offence, is committing an offence, whom they have reasonable grounds to suspect to be about to commit an offence, whom they have reasonable grounds to suspect to be committing an offence

AND

Where a constable has reasonable grounds for suspecting that an offence has been commItted, they may arrest without warrant anyone whom they have reasons grounds for Suspecting to be guilty of the offence'

GASC

Guilty
About to commit
Suspected of committing or being about to commit
Committing

Must be based in objective facts that another person could evaluate, i.e;

A person's behaviour, in addition to;

The time/place where a person is
Any property they are carrying
Information from witnesses/intel

Allows you to use reasonable force if necessary when arresting someone

You can arrest without physically having the warrant at the time, but if you do have it, you must show it to the person and read the relevant sections to them.

Search the vehicle in their presence to ensure there is nothing that they may use to escape or injure someone

On arrival at the station you should then search the vehicle again in their presence to ensure the person has not left any property or evidence in the vehicle

DIE

Danger
Implement to escape
Evidence of any offence

S17

Yours and yours alone

PAW - persuade, advise, warn

Or you could issue a PND, an ABC or a summons

Use your discretion

PLAN

Proportionate
Legal
Accountable
Necessary

The impact (positive and negative) the arrest, or lack of arrest, will have on the suspect, victim, community

Common law
Arrest with warrant
Arrest without warrant

SHACKS

Seen

Heard

Actions

Conversation

Knowledge

Smell

'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'

Code C pace 1984. para 10.4

'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'

Code C pace 1984. Para 16.2

This is the last opportunity for someone to say something relevant to their arrest

When you are Not arresting someone but you are inviting them to the police station to make a statement.

You would still caution them but then tell them the following 3 things..

1) That they are NOT under arrest
2) That they are free to leave at any point
3) That they are entitled to free legal advice

Where there is no tape player available and you have to write everything down manually, including questions asked.

24 Pace 1984

'A constable may arrest without warrant anyone;
who is about to commit an offence, is committing an offence, whom they have reasonable grounds to suspect to be about to commit an offence, whom they have reasonable grounds to suspect to be committing an offence

AND

Where a constable has reasonable grounds for suspecting that an offence has been commItted, they may arrest without warrant anyone whom they have reasons grounds for Suspecting to be guilty of the offence'

GASC

Guilty
About to commit
Suspected of committing or being about to commit
Committing

Cautioned

If under 18 - a parent/guardian/ social service or other responsible
Adult over 18

If mentally ill or vulnerable - a relative/ guardian/ /social worker/ responsible adult Over 18

To facilitate communication with the person being interviewed.

To advise the person being questioned and observe whether the interview is being conducted fairly

A person arrested by a constable at a place other than a police station shall be released if a constable is satisfied before the person reaches the station that there are no grounds for keeping them under arrest. The constable must record the fact that this has happened

Inform them that they are also under arrest for the other offence as well

Every 30 mins

• Rouse - can they be woken?

• Response to questions - can they I've appropriate answers - Ie what is your name?

• response to commands - ie raise your left arm

• remember to take into account that another medical condition may be present, eg diabetes, epilepsy, stroke, drug intoxication etc

PLAN

That you have the power to arrest
That you have reasonable grounds to arrest them
That the arrest is necessary and is the best course of action (could you report them for summons instead)

Code C

Medical attention/ medical treatment / requirements?
Need an appropriate adult
Need an interpreter

When a detained person is charged with, Or informed that, they may be prosecuted for an offence