POLICE POWERS

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  • Created by: Emma
  • Created on: 05-12-13 12:27
Arrest with a warrant?
Apply to Mag for warrant. Name and details of offence should be specified, once granted provides power to enter and search and make an arrest if required
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Arrest without a warrant?
s24 amended by s110 SOCPA, arrest without warrant can be made if a constable has reasonable grounds to believe the person is/has/will commit an offence and that its necessary
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What does SOCPA stand for?
Serious Organised Crime and Police Act
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What did the case of O'Hara confirm?
Confirmed the two-part test for reasonable suspicion; officer must have actual suspicion(subjective), reasonable grounds for that suspicion (objective)
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What is Code G?
Deals witht the statutory powers to make the arrest.
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What is s117?
Can use resonable force to make the arrest
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What is s.28?
Suspect MUST be told in accessible language that they are being arrested and the grounds for it
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What is Code C?
Suspect must be cautioned on arrest 'you do not have to say annything, but it may harm your defence if you do not mention when questioned something which you may later rely on in Court. Anything you do say may be given in evidence'
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What is s32?
May search an arrested person at a place other than a station if reasonable grounds for believing they may present a danger to themselves or others, possess evidence or present a danger
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S24A amended by SOCPA?
Provides power to anyone other than a constable to make arrest without warrant of anyone who is commiting an indictable offence or suspect committed indictable offence. Reasonable grounds and its impracticable for officer to make arrest instead
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S24(5) A?
enable the name of the person to be ascertained (unknown or believed to be false)
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B?
Enable the address to be ascertained
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C?
Prevent the person: i)causing injury to self or others ii)suffering physical injury iii)causing loss/damage to propery iv)committing offence against public v)unlawful obstruction of the highway
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D?
Protect child or other vulnerable person from the person in question
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E?
Allow prompt and effective investigation of the offence or conduct of the person in question
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F?
Prevent any prosecution for the offence from being hindered by the disappearance of the person in question
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CODE A?
Also applies as suspicion can't be based on personal factors.
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Arrest without a warrant?

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s24 amended by s110 SOCPA, arrest without warrant can be made if a constable has reasonable grounds to believe the person is/has/will commit an offence and that its necessary

Card 3

Front

What does SOCPA stand for?

Back

Preview of the front of card 3

Card 4

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What did the case of O'Hara confirm?

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Card 5

Front

What is Code G?

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