Podcast
Questions and Answers
What is the purpose of checking the content of a warrant before executing it?
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?
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?
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?
What action can officers take if a person breaches their Home Detention Curfew?
Which of the following is NOT an inquiry to make prior to executing a warrant?
Which of the following is NOT an inquiry to make prior to executing a warrant?
What empowers the police to arrest a prisoner on parole who has breached their conditions of license?
What empowers the police to arrest a prisoner on parole who has breached their conditions of license?
What does the 'R' in ARMREST stand for?
What does the 'R' in ARMREST stand for?
The extent of police powers refers to which aspect in checking a warrant?
The extent of police powers refers to which aspect in checking a warrant?
What type of warrant is issued when a prisoner breaches their parole conditions?
What type of warrant is issued when a prisoner breaches their parole conditions?
How should checks performed upon receiving a warrant be handled?
How should checks performed upon receiving a warrant be handled?
What is a possible resource for checking a person's whereabouts prior to warrant execution?
What is a possible resource for checking a person's whereabouts prior to warrant execution?
What should be considered when a subject of a warrant appears on PNC/CHS?
What should be considered when a subject of a warrant appears on PNC/CHS?
What is the required action regarding warrants after they are issued?
What is the required action regarding warrants after they are issued?
In which circumstance should the decision to execute a warrant be discussed with COPFS?
In which circumstance should the decision to execute a warrant be discussed with COPFS?
What must an officer do upon making an arrest under warrant?
What must an officer do upon making an arrest under warrant?
Is it necessary for an officer to have physical possession of a warrant to execute it?
Is it necessary for an officer to have physical possession of a warrant to execute it?
What was the time duration of the shift for the officer attending their duty?
What was the time duration of the shift for the officer attending their duty?
What is considered best practice when forced entry is anticipated?
What is considered best practice when forced entry is anticipated?
What was the primary reason for stopping Gary Johnston?
What was the primary reason for stopping Gary Johnston?
What should be done if obtaining a warrant in time is not practical?
What should be done if obtaining a warrant in time is not practical?
What was the officer's action immediately following the stop of Gary Johnston?
What was the officer's action immediately following the stop of Gary Johnston?
What should occur after the arrest of a person under warrant?
What should occur after the arrest of a person under warrant?
Which of the following statements about the caution given to Gary Johnston is true?
Which of the following statements about the caution given to Gary Johnston is true?
What was the status of David Smith during the foot patrol scenario?
What was the status of David Smith during the foot patrol scenario?
How was Gary Johnston restrained during the arrest?
How was Gary Johnston restrained during the arrest?
Which officer attended the arrest alongside the primary officer?
Which officer attended the arrest alongside the primary officer?
What is the primary source of the power of arrest when executing a warrant?
What is the primary source of the power of arrest when executing a warrant?
What information was provided to Gary Johnston after his arrest?
What information was provided to Gary Johnston after his arrest?
Which of the following is an example of an instruction that may be specified on a warrant?
Which of the following is an example of an instruction that may be specified on a warrant?
What is the best practice when executing an apprehension warrant and entry is refused?
What is the best practice when executing an apprehension warrant and entry is refused?
Before executing a warrant, what is essential to check?
Before executing a warrant, what is essential to check?
What should be done if officers need to inform the suspect of the content of the warrant?
What should be done if officers need to inform the suspect of the content of the warrant?
What should officers arrange for when executing a warrant?
What should officers arrange for when executing a warrant?
Which of the following is NOT typically a part of planning tactics for warrant execution?
Which of the following is NOT typically a part of planning tactics for warrant execution?
During the execution of a warrant, when should a police officer check the identity of the person?
During the execution of a warrant, when should a police officer check the identity of the person?
What action can officers take if a person breaches their Home Detention Curfew?
What action can officers take if a person breaches their Home Detention Curfew?
In which scenario is it appropriate for the police to apply for an apprehension warrant?
In which scenario is it appropriate for the police to apply for an apprehension warrant?
What must be included in the SPR submitted to the Procurator Fiscal for a warrant application?
What must be included in the SPR submitted to the Procurator Fiscal for a warrant application?
What can happen if the conditions of a prisoner's license are breached?
What can happen if the conditions of a prisoner's license are breached?
What is typically the first step the police should ensure before applying for a warrant?
What is typically the first step the police should ensure before applying for a warrant?
Who ultimately grants a warrant upon the application of the Procurator Fiscal?
Who ultimately grants a warrant upon the application of the Procurator Fiscal?
In urgent cases, which individual may the police need to speak directly to for a warrant?
In urgent cases, which individual may the police need to speak directly to for a warrant?
What is a potential consequence of submitting an incomplete SPR for a warrant?
What is a potential consequence of submitting an incomplete SPR for a warrant?
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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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