Sam BamberGroup 2Garry Wilson

Unit 17 - Understanding the Criminal Justice System & Police Powers

Task One (P1, P2) A man arrived home on his estate on the outskirts of a town, he saw two men running from the rear of his neighbours house as he was getting out of his car. He knew his neighbours were out so he challenged the pair and asked what they were doing. At this point, he was pushed to the floor by one of the men and the pair ran off. He was uninjured but still gave chase. The two split up, but he pursued one of the men and did not lose visual sight of him. The neighbour had been gone for 30 minutes and his wife was concerned for his welfare as she saw him confront the two earlier, so she rang the police. By this point, the neighbours had arrived home and found that some of their jewellery and cash had been stolen and that the rear patio door had been smashed to gain entry. It was at this point that the neighbour and the police officer had arrived at the house. After the police officer had arrived at the house, a search took place of the area to find the suspects. The neighbour said that he would be able to recognise the suspects again if he was to see them. If the neighbour had caught one of the youths, he would not have been able to arrest them because section 24a of the Police and Criminal Evidence Act 1984 (PACE 1984) states that the neighbour must have witnessed the crime taking place or see them leaving the scene of the crime. However, if the neighbour did witness the crime taking place or see the suspects running from the scene he could have made a citizen's arrest, which would involve the neighbour apprehending the criminals until a police officer can
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arrest them lawfully. A police officer can arrest anyone if he/she is either in the act of committing, suspected of committing, about to commit or has just committed under the section 24 of PACE 1984. An arrest must be necessary and reasonable according to the following: Investigate; the constable must make a prompt and effective investigation of the crime that has been committed. Disappearance; the constable must prevent the suspect or any person involved in the crime that has been committed. Child; the child or any vulnerable person must be protected from the relevant person. Obstruction; the relevant person must be prevented from obstructing the highway. Physical Injury; the relevant person must be prevented from harming themselves or anyone else. Public decency; to stop the relevant person committing an offence against public decency. Loss or damage; to prevent the relevant person causing damage to, or loss of any property. Address; to confirm the address of the relevant person is correct. Name; to confirm the name of the relevant person is correct.

Sam BamberGroup 2Garry Wilson

When a police officer makes an arrest, they must give the suspect the arrest caution to make them aware of their rights and why they are being arrested; "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 maybe given in evidence." This is the arrest caution that a police officer must say when they make an arrest. If a person is taken to the police station to be detained, they must be told that there can be a delay of up to 36 hours, but if there is a suspicion of a terrorist act, this can be made up to 48 hours. The police should not detain anyone for longer than 24 hours without charging them. When a police officer makes an arrest and there is enough evidence to charge them, then they may be remanded in custody. If the suspect is remanded in custody, then they must be placed before a magistrates court at the earliest time possible. However, if the suspect is not remanded in custody, they won't be charged and released on bail. The suspect will be released on bail while the police make further inquiries; this means the suspect will be released from custody under the condition that they return to the station at any given date in

the future. Police can arrest with and without a warrant. The difference between the two is that arresting with a warrant is a written document of authority issued by a magistrate or a judge. It also directs the person or group of people to whom it is addressed (usually the police) to carry out an action. A warrant is on behalf of the court, therefore, a warrant of arrest authorises the arrest of a named individual to take place. The six most common types of warrants are: Arrest Warrant The warrant is sent to the police who then arrest that person and can either hold them in custody until they can be taken to court or grant them bail and give them a date when they are to go back to court. Search Warrant To obtain a search warrant, an officer must personally appear before, or speak directly with, a judge or magistrate. The officer must show the judge or magistrate sufficient evidence that could lead to an arrest or conviction. The warrant does not need to specify how the search will be executed. Failure to Answer Bail Warrant If the police detain an individual, but they are later released on bail, they are given a date to return to the police station. If failure to meet these instructions, the individual will be arrested for failure to answer bail. Non-Payment of Fines Warrant If a person continuously doesnt make payments of their fines from parking tickets, speeding tickets, congestion charge etc, then the police can issue a warrant for that person to be arrested for not

Sam BamberGroup 2Garry Wilson

paying the fines they have been issued. Non-Appearance at Court Warrant If a person has a court appearance due and they do not appear, it is an arrest-able offence and a warrant must be issued stating the person and the offence committed in order for the arrest to be legal. Non-Appearing Witness at Court Warrant If a witness of an armed robbery or murder etc does not appear at a court hearing, they can be arrested as they are a vital source of evidence to convict the offender. To obtain any warrant, you must give a verbal account on oath or an affirmation if the person is an atheist and only a magistrate or a judge can issue a warrant. However, arresting without a warrant means that a civilian can arrest under section 24a of PACE if the offender is caught in the act or when the offence has been committed and an officer can arrest under section 24 of PACE when an offender is either in the act of committing, about to commit, suspected of committing or when they have committed. If an officer wants to make the arrest reasonable and necessary, they must use IDCOPPLAN (see page 2) to ensure this. If the civilian witnesses a crime taking place, he can make a citizens arrest and apprehend the offender until a police officer can arrest them and take responsibility of them. Whereas an officer can arrest when he/she sees a crime happening, about to happen, they suspect a crime is going to happen or when the crime has just taken place.