Powers of Arrest

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Question 1 of 20
1. Question
Can a juvenile be arrested at his place of education?
- Yes if unavoidable. The arrest should be made outside the view of other pupils where possible.
- Yes if unavoidable. The principal or nominee should be informed.
- A juvenile should not ordinarily be arrested at school unless the offence is indictable and has been authorised by an inspector.
- A juvenile should not be arrested at school the offence is indictable and has been authorised by a superintendent.
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Question 2 of 20
2. Question
Where must the Codes of Practice be readily available for consultations?
- At all police stations for consultation by police, officers, police staff, detained persons and members of the public.
- At all police stations where arrested persons are detained, for consultation by police officers, police staff and detained persons.
- At all police stations where arrested persons are detained, for consultation by police officers, police staff, detained persons and members of the public.
- At all designated police stations for consultation by police officers, police staff, detained persons and members of the public.
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Question 3 of 20
3. Question
What is meant by The Castorina test?
- Did the arresting officer suspect that the arrested person was guilty of the offence? If so, were there reasonable grounds for his suspicions, and if so, was the decision to arrest reasonable?
- Did the arresting officer believe that the arrested person was guilty of the offence? If so, where there reasonable grounds to make the arrest?
- Did the arresting officer make the arrest acting in the belief that the arrested person committed the offence, and was the arresting office’s exercise of his discretion reasonable?
- Did the arresting officer suspect that the arrested person was guilty of the offence, and did he use reasonable discretion in all the circumstances?
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Question 4 of 20
4. Question
Smith enters a Mosque and pours abuse on the worshipers by claiming the only one true god is not Allah. An outraged Muslim arrests Smith. A fellow worshipper, a constable, holds Smith and awaits the police. What is your advice to the officer attending the scene?
- The arrest is lawful and Smith should promptly be removed and detained until tempers have cooled.
- The arrest is lawful and Smith should be released away from the Mosque.
- A citizen cannot make an arrest where a constable is able to, and racial and religious hatred offences do not apply here.
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Question 5 of 20
5. Question
PC Trent works in a small non designated police station in the country. Blunkett arrives at the police station and surrenders himself as being absent without leave from his unit in Afghanistan. PC Trent rings custody at HQ, a designated police station and asks the custody officer how he should proceed. You are the custody officer, how will you advise Trent?
- All absentees should be detained and the military power informed who will arrange an escort.
- Trent should take the absentee soldier to the designated police station without delay.
- If the soldier is to be kept in custody for less than 6 hours he may be detained at a non designated police station.
- If the soldier is to be kept in custody for less than 9 hours he may be detained at a non designated police station.
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Question 6 of 20
6. Question
Quinn, a local reprobate, subject to a number of arrests and convictions, is arrested following a long foot chase. The arresting officer, who’s out of breath says “you’re locked up sunbeam”. Do the courts accept this vernacular language in deciding whether the arrest is lawful?
- Yes, so long as the arrested person is familiar with it and understands its meaning.
- No. The reason for arrest must be unambiguous and must be understood by the anyone.
- Yes, so long as the arrested person knows, or should know, that his behaviour would ordinarily result in his arrest.
- No. Arrest should be clear, in a language understood by the arrested person, and the word arrest should be used and heard by the person arrested.
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Question 7 of 20
7. Question
Smith is arrested at home for breach of the peace. He is drunk and is threatening his wife who called the police. He is taken to the police station and put before the next available court. The arresting officer lays an information of complaint and Smith is asked to give reasons why he should not be bound over to keep the peace. As a sergeant would you tell a probationary constable to deal with a breach of the peace in this way?
- Yes, this is the standard way of bringing the culprit before the court.
- No, the power to arrest for a breach of the peace is confined only to a public place.
- No, the defendant should be charged with a public order offence whilst at the police station.
- No, a breach of the peace must be against someone other than a family member, and then only in a public place.
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Question 8 of 20
8. Question
Does the use of excessive force, amounting to police misconduct or assault render an arrest unlawful?
- Overwhelming and inappropriate force renders an arrest unlawful.
- Unjustifiable extreme force, eg the use of a tazer on a 10 year old, renders the arrest unlawful.
- A lawful arrest cannot be made unlawful where extreme force is used.
- Where an arrest is lawful, there may come a time where the force used makes it unlawful, eg in the use of torture.
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Question 9 of 20
9. Question
What is meant by ‘reasonable’ in the use of force?
- Where an objective observer believes the force is reasonable in all the circumstances.
- Reasonable means what the arresting officer suspects is reasonable in all the circumstances.
- Reasonable is determined by the jury who should have regard to both the arrested persons right to Liberty and the need for his arrest.
- Reasonable is determined by all the circumstances and the belief held by the arresting officer.
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Question 10 of 20
10. Question
What test is applied by the courts to an arrest where serious harm is caused to the arrested person?
- The court should have regard to the belief of the arresting officer that his life was in immediate danger.
- The court should have regard to the belief of the arresting officer that his or another’s life was in immediate danger.
- The court should consider the time that was available to the officer to reflect on his actions and whether or not the danger presented outweighed the harm caused.
- The court should consider whether in all the circumstances of the case the officer was justified in inflicting serious harm to the arrested person.
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Question 11 of 20
11. Question
When must a person be told the reason they have been arrested?
- At the time of the arrest.
- Immediately after the arrest.
- At the discretion of the arresting officer.
- As soon as practicable after the arrest.
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Question 12 of 20
12. Question
A person whom there are grounds to suspect of an offence must be cautioned before any questions about an offence are put to them. Which of the following questions do not require a caution to be given?
- Questions to establish ownership of a vehicle.
- Question to seek verification of a written record.
- Questions in furtherance of the proper conduct of a search.
- All of these.
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Question 13 of 20
13. Question
What level of knowledge is imposed on a constable when making an arrest?
- The constable must know that one or more of the statutory criteria apply.
- The constable must believe that one or more of the statutory criteria apply.
- The constable must suspect that one or more of the statutory criteria apply.
- The constable must be satisfied that one or more of the statutory criteria apply.
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Question 14 of 20
14. Question
Is the test for “reasonable grounds to suspect” based on subjectivity or objectivity?
- Reasonableness imposes an element of objectivity when deciding if a constable has acted lawfully in making an arrest.
- Reasonableness imposes an element of subjectivity in deciding if a constable has acted lawfully in making an arrest.
- In deciding what is reasonable a Court will have regard to all the circumstances of the case and in particular the subjective belief of the constable.
- Reasonable is a subjective concept and a court should have regard to what the constable found reasonable.
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Question 15 of 20
15. Question
Mrs Pointer is in a pub bragging to her friend that she has dad a successful morning shoplifting. She is showing her friend some of the stolen property. Green overhears this conversation and makes a citizens’ arrest. Is this arrest lawful?
- Yes. Pointer has committed an offence.
- No, a citizen cannot make retrospective arrests, unless they are employed as a store detective.
- Yes, but only because there is evidence of the property having been stolen when she shows the stolen property to her friend.
- No, the arrest applies to offences in the act of being committed, or having reasonable grounds for suspecting to be committing.
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Question 16 of 20
16. Question
Where a person attends a police station voluntarily are they entitled to free legal advice during the course of an interview in relation to an alleged offence?
- Free legal advice relates only to arrested persons.
- Free legal advice does not apply to volunteers even if suspected of an offence.
- Volunteers must be told that they are entitled to free legal advice.
- Free legal advice relates only to cautioned or arrested persons.
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Question 17 of 20
17. Question
Is it lawful to decide to arrest a person who is about to attend the police station for a voluntary interview, if the police have reason to believe he will leave the interview before the interview is concluded?
- A suspect cannot be arrested during a voluntary interview.
- The possibility that a person may leave the interview before completion is not a valid reason for arrest before the interview has commenced.
- If it is believed that the interviewee might leave the interview, he should be arrested at the outset and informed that he is entitled to free legal advice.
- If it is believed that the interviewee might leave the interview, he should be arrested at the outset and informed that he is entitled to free legal advice and to have a solicitor present during interview.
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Question 18 of 20
18. Question
During the course of an interview, a prisoner says “I want to be cautioned in the Welsh language”. How do you respond to this request.
- An interpreter should be contacted in order to comply with the request.
- Where the use of the Welsh language is appropriate the constable may read the caution to the defendant.
- Where the interview is being conducted in English the normal caution should be used.
- Where the interviewee is seeking to frustrate the interview he should be cautioned in English only.
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Question 19 of 20
19. Question
To make an arrest there must be which of the following:
- Some reasonable, objective grounds for the suspicion, based on known facts and information which are relevant to the likelihood the offence has been committed and the person liable to arrest committed it.
- Some reasonable, subjective grounds for the suspicion, based on known facts and information which are relevant to the likelihood the offence has been committed and the person liable to arrest committed it.
- Any objective grounds for the suspicion, based on known facts and information which are relevant to the likelihood the offence has been committed and the person liable to arrest committed it.
- Any subjective grounds for the suspicion, based on known facts and information which are relevant to the likelihood the offence has been committed and the person liable to arrest committed it.
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Question 20 of 20
20. Question
When must a record of arrest be made?
- Only at the time of the arrest.
- On attendance at the police station.
- Before the custody record is made.
- At the time of the arrest, if not, as soon as possible after.
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