Home Detention Curfew and Parole Laws
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Home Detention Curfew and Parole Laws

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Questions and Answers

What is the purpose of checking the content of a warrant before executing it?

  • To prepare a legal report for court.
  • To gather public opinion about the accused.
  • To ensure the accused's personal particulars are accurate. (correct)
  • To expedite the arrest process.

    • Which of the following details must be checked on a warrant according to the ARMREST mnemonic?

  • Motive for the crime committed.
  • Witnesses to the crime.
  • Signature of issuing authority. (correct)
  • Location of the accused at the time of issue.

    • What could happen if any detail on the warrant is incorrect?

  • The execution of the warrant may be delayed.
  • Additional charges may be added.
  • The accused may be informed in advance.
  • The warrant may be deemed invalid. (correct)

    • What action can officers take if a person breaches their Home Detention Curfew?

    <p>Submit a SPR to the Procurator Fiscal craving a warrant for their arrest</p> Signup and view all the answers

    Which of the following is NOT an inquiry to make prior to executing a warrant?

    <p>Social media activity.</p> Signup and view all the answers

    What empowers the police to arrest a prisoner on parole who has breached their conditions of license?

    <p>Revocation of Licence Warrant</p> Signup and view all the answers

    What does the 'R' in ARMREST stand for?

    <p>Reason for arrest or charge.</p> Signup and view all the answers

    The extent of police powers refers to which aspect in checking a warrant?

    <p>The geographical area where the warrant is valid.</p> Signup and view all the answers

    What type of warrant is issued when a prisoner breaches their parole conditions?

    Signup and view all the answers

    How should checks performed upon receiving a warrant be handled?

    <p>They should be recorded comprehensively.</p> Signup and view all the answers

    What is a possible resource for checking a person's whereabouts prior to warrant execution?

    <p>Force Liaison Officers with other agencies.</p> Signup and view all the answers

    What should be considered when a subject of a warrant appears on PNC/CHS?

    <p>Viewing their image held on record</p> Signup and view all the answers

    What is the required action regarding warrants after they are issued?

    <p>They should be executed as soon as practicable</p> Signup and view all the answers

    In which circumstance should the decision to execute a warrant be discussed with COPFS?

    <p>If the individual being apprehended is gravely ill</p> Signup and view all the answers

    What must an officer do upon making an arrest under warrant?

    <p>Inform the apprehended person of the substance of the warrant</p> Signup and view all the answers

    Is it necessary for an officer to have physical possession of a warrant to execute it?

    <p>No, awareness of its content suffices</p> Signup and view all the answers

    What was the time duration of the shift for the officer attending their duty?

    <p>8 hours</p> Signup and view all the answers

    What is considered best practice when forced entry is anticipated?

    <p>Having a physical warrant on hand</p> Signup and view all the answers

    What was the primary reason for stopping Gary Johnston?

    <p>Wanted Apprehension Warrant</p> Signup and view all the answers

    What should be done if obtaining a warrant in time is not practical?

    <p>Possess a scanned copy of the warrant</p> Signup and view all the answers

    What was the officer's action immediately following the stop of Gary Johnston?

    <p>Arrested him on an apprehension warrant</p> Signup and view all the answers

    What should occur after the arrest of a person under warrant?

    <p>Show the original warrant as soon as possible</p> Signup and view all the answers

    Which of the following statements about the caution given to Gary Johnston is true?

    <p>There was no reply to the caution.</p> Signup and view all the answers

    What was the status of David Smith during the foot patrol scenario?

    <p>He was wanted on an Apprehension Warrant for theft.</p> Signup and view all the answers

    How was Gary Johnston restrained during the arrest?

    <p>With handcuffs stacked to the front</p> Signup and view all the answers

    Which officer attended the arrest alongside the primary officer?

    <p>PC 98 Dair</p> Signup and view all the answers

    What is the primary source of the power of arrest when executing a warrant?

    <p>The warrant itself</p> Signup and view all the answers

    What information was provided to Gary Johnston after his arrest?

    <p>He was advised of his rights as per aide memoire.</p> Signup and view all the answers

    Which of the following is an example of an instruction that may be specified on a warrant?

    <p>To obtain DNA samples</p> Signup and view all the answers

    What is the best practice when executing an apprehension warrant and entry is refused?

    <p>Force entry to the house</p> Signup and view all the answers

    Before executing a warrant, what is essential to check?

    <p>The instructions specified on the warrant</p> Signup and view all the answers

    What should be done if officers need to inform the suspect of the content of the warrant?

    <p>Allow the suspect to see the warrant without giving them a chance to destroy it</p> Signup and view all the answers

    What should officers arrange for when executing a warrant?

    <p>Have sufficient officers to control all exits</p> Signup and view all the answers

    Which of the following is NOT typically a part of planning tactics for warrant execution?

    <p>Providing a copy of the warrant to the suspect</p> Signup and view all the answers

    During the execution of a warrant, when should a police officer check the identity of the person?

    <p>Where appropriate, as part of the initial approach</p> Signup and view all the answers

    What action can officers take if a person breaches their Home Detention Curfew?

    <p>Submit a SPR to the Procurator Fiscal for an arrest warrant</p> Signup and view all the answers

    In which scenario is it appropriate for the police to apply for an apprehension warrant?

    <p>When extensive efforts to trace the suspect have been unsuccessful</p> Signup and view all the answers

    What must be included in the SPR submitted to the Procurator Fiscal for a warrant application?

    <p>Full details of the crime and extent of inquiries made</p> Signup and view all the answers

    What can happen if the conditions of a prisoner's license are breached?

    <p>The Court can issue a Revocation of Licence warrant</p> Signup and view all the answers

    What is typically the first step the police should ensure before applying for a warrant?

    <p>Determining if arresting the suspect is needed</p> Signup and view all the answers

    Who ultimately grants a warrant upon the application of the Procurator Fiscal?

    <p>The Sheriff or Justice of the Peace</p> Signup and view all the answers

    In urgent cases, which individual may the police need to speak directly to for a warrant?

    <p>The Sheriff or Justice of the Peace</p> Signup and view all the answers

    What is a potential consequence of submitting an incomplete SPR for a warrant?

    <p>Denial of warrant application by the Procurator Fiscal</p> Signup and view all the answers

    Study Notes

    Home Detention Curfew and Breach

    • Breaching Home Detention Curfew allows officers to submit a Special Police Report (SPR) to the Procurator Fiscal for an arrest warrant.

    Revocation of Licence Warrant

    • Parole-released prisoners must adhere to 'Conditions of Licence'; breaking these conditions can lead to a Revocation of Licence warrant, permitting police to re-arrest the individual.

    Police Application for Apprehension Warrant

    • When locating a suspect fails despite extensive efforts, an apprehension warrant may be sought.
    • Ensure applying for a warrant is necessary before proceeding.
    • Submit a SPR detailing the case to the Procurator Fiscal, including crime specifics and prior inquiries.
    • The Procurator Fiscal will seek approval from a Sheriff or Justice of the Peace for the warrant.

    Urgent Applications

    • In emergencies, officers may verbally apply for a warrant from a Sheriff or Justice of the Peace.

    Pre-Execution Checks for Warrants

    • Use the ARMREST mnemonic before executing any warrant:
      • Accused's particulars
      • Reason for arrest
      • Means enquiry
      • Review the date of issue
      • Extent of police powers
      • Signature of issuing authority
      • Time and court of sentencing.
    • Incorrect details may invalidate the warrant.

    Enquiry Protocols Before Execution

    • Conduct thorough inquiries such as:
      • PNC/CHS checks
      • Local voters roll examination
      • Criminal Intelligence assessments
      • Consultations with local housing authorities
      • Collaborating with Force Liaison Officers.

    Execution of Warrants

    • Warrants must be executed promptly unless circumstances suggest otherwise, such as illness or bereavement.
    • Officers must inform the apprehended person of the warrant's substance.
    • Physical possession of the warrant is not mandatory but desirable in forced entry situations.
    • Present the original warrant to the arrested person post-arrest.

    Power of Arrest

    • Arrest authority derives from the warrant itself.
    • Specific instructions may accompany the warrant that must be adhered to, such as not detaining overnight or collecting DNA samples.

    Planned Execution of a Warrant

    • Organize adequate officer numbers to control exits.
    • Knock and announce police presence, showing the warrant without risking its destruction.
    • Verify the identity of individuals, caution them, and document responses.
    • Proceed with searching premises or arresting individuals as warranted.

    Notebook Example and Scenario

    • A detailed notebook entry provides a record of actions leading to an arrest under an apprehension warrant.
    • Recognizing wanted individuals during patrol, such as David Smith, allows officers to act swiftly based on existing warrants.

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    Related Documents

    03-08 Warrants_fac8b226ac59f0515afcd1144232a500.pdf

    Description

    This quiz covers the legal implications of breaching Home Detention Curfew and conditions of parole. Explore the processes involved in issuing warrants for arrest due to such breaches and understand the roles of law enforcement and the Courts in these situations.

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