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What is the primary reason a constable must inform the arrested person of the relevant circumstances of the arrest?
What is the primary reason a constable must inform the arrested person of the relevant circumstances of the arrest?
- To ensure the arrested person is aware of their rights
- To comply with the necessity criteria for arrest
- To establish the constable's reasonable grounds for suspicion
- To facilitate the arrest process and provide necessary information (correct)
What is the primary basis for a constable's suspicion of an individual who is about to commit an offence?
What is the primary basis for a constable's suspicion of an individual who is about to commit an offence?
- Circumstantial evidence
- Intuition and experience
- Witness testimony
- Reasonable grounds based on known facts and information (correct)
What is the primary consideration for a constable when deciding whether to arrest an individual?
What is the primary consideration for a constable when deciding whether to arrest an individual?
- The likelihood of the individual committing further offences
- The severity of the offence
- The availability of alternative actions, such as issuing a penalty notice
- The necessity of the arrest to prevent harm or further offences (correct)
What is the primary purpose of the custody officer being informed of the relevant circumstances of the arrest?
What is the primary purpose of the custody officer being informed of the relevant circumstances of the arrest?
What is the primary distinction between a constable's suspicion of an individual who is about to commit an offence and one who has already committed an offence?
What is the primary distinction between a constable's suspicion of an individual who is about to commit an offence and one who has already committed an offence?
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Study Notes
Arrest Procedure
- A person who has been arrested must be informed of the reason for their arrest, even if it is obvious, and of the circumstances surrounding the arrest.
- The custody officer must be informed of these matters upon arrival at the police station.
Grounds for Arrest
- A constable can arrest without a warrant anyone who:
- Is about to commit an offence or is in the act of committing an offence.
- Has reasonable grounds to suspect is about to commit an offence or to be committing an offence.
- Has reasonable grounds to suspect is guilty of an offence that has been committed.
- Is guilty of an offence that has been committed.
Reasonable Suspicion
- There must be some reasonable, objective grounds for the suspicion, based on known facts and information relevant to the likelihood of the offence being committed.
Necessity Criteria
- The power of arrest is only exercisable if the constable has reasonable grounds for believing that it is necessary to arrest the person.
- The constable must justify the reason or reasons why a person needs to be arrested, using one or more of the necessity criteria.
Exercise of Power
- The arresting officer has discretion to decide whether to arrest, grant street bail, report for summons, issue a penalty notice, or take other action.
- The power of arrest can be used to deal with any situation, but the constable must examine and justify the reason for the arrest.
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