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Planning or Deciding to Arrest (Alternatives to arrest (Do nothing (not…
Planning or Deciding to Arrest
Deciding to make an arrest
investigate futher
reflect afterwards
Is it necessary
can be distressing to the public
arrest for own safety under the mental health act
what other options could be explored
Prior to making an arrest
The event - what has happened?
the individuals involved
whether there are any physical or mental ill health which requires attention
what the offence is
the needs of the investigation
Alternatives to arrest
Do nothing (not usually a good idea)
P
ersaude,
A
dvise or
W
arn
report for summons
Youth cautions
Conditional cautions
PND
Youth referals
Restorative justice
voluntary attendance to a station
Directions to leave
information to be given on arrest
that they are under arrest
Under section 28(1) PACE 1984 & Code G
a suspect has to be told as soon as practically possible they are under arrest
the grounds
the necessity
the caution
Example: "I am arresting you for dropping litter. I am unable to deal with this by way of a summons because I do not believe the address you have given me is your real address making arrest necessary to prevent the prosecution of this offence from being hindered because I have reasonable grounds to believe you will fail to attend court"
Reason for arrest in this case is because the officer doesn't believe that the address is correct, they have met one of the criteria of the necessity test so they can be arrested.
Use of Force
S117 PACE 1984
States that a constable can use reasonable force, if necessary, in the exercise of any power under this Act
Section 3 Criminal Law Act 1967
states that a person may use such force as is reasonable in the circumstances in:
the prevention of crime, or
in effecting or assisting in the lawful arrest of offenders or suspected offenders or
in effecting or assisting in the lawful arrest of persons unlawfully at large.
Common Law
Self Defence
Need to consider the
Response Options
to be used (NDM)
Officer Presence
Communication skills
Secondary control skills
Primary Control Skills
Defensive and Offensive Skills
Deadly Force
After the arrest
Must to recorded in the PNB:
Nature and circumstances of the offence
Reasons why the arrest was necessary
JPLANE
IDCOPPLAN
That a 'when questioned' caution was given
Anything said by the person at the time of arrest
Significant statement
Searching
persons
after an arrest
S32(1)& (2)(a) PACE 1984
Searching
premises
after an arrest
S32(2)(b)PACE 1984
Taking suspect to a police station
Section 30(1) & Code C PACE 1984
You
Must
take a suspect to a designated police station as soon as
practicable
after arrest
exception Sec 30 (10):
Transporting a suspect to a station
What to do
Search vehicle
Remove Equipment
search person
activate child locks
Risk assessment
are they vulnerable?
any PNC warning?
What did you find on the search ?
Monitor if drunk
assess response
Consider Illness
Call ambulance
Duty of care
Assess consciousness
Response to questions?
Response to commands?
Fail to respond?
Officer responsible for safety until handed over to custody officer
Are they violent
Never leave alone
S117 PACE & S3 Criminal Law Act 1967
Restraining
Remember to
Prevent cross contamination
Inform custody
Search vehicle on arrival
Never handcuff to object or vehicle
Arrival at station & Custody area
Custody officer
Rank of Sgt
Impartial & independent
Prisoners rights
what they need to be informed of
Circumstances of arrest
involvement of the suspect
necessity of the arrest
Use of any force
Other needs
information for the suspect
Someone informed
Free independent legal advice
Consult the Codes of practice
View custody record
Contains
personal information
Every action or decision
every entry signed and timed
Appropriate adult
Juveniles & Mentally vulnerable
PACE code C states
Allowed support from an appropriate adult
Searching detained people
Can only seize clothes and personal effect if they may be used to:
Cause physical injury
Damage property
interfer with evidence
assist escape
Evidence relating to an offence