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Legal Reasonable Suspicion Cases Quiz
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Legal Reasonable Suspicion Cases Quiz

Created by
@FancyRhodium

Questions and Answers

What is defined as 'reasonable suspicion' according to the European Court of Human Rights?

  • Facts or information that would satisfy an objective observer (correct)
  • A subjective belief held by the authorities
  • An assumption based on a person's previous behaviour
  • A feeling that a person is likely to commit an offence

    • What does Section 50 of the Criminal Justice Scotland Act 2016 imply about police custody?

  • People can be held in custody for suspicion alone
  • Custody is purely at the officer's discretion
  • Police must ensure individuals are not unreasonably held in custody (correct)
  • Custody can be extended without limits

    • Which of the following best represents the concept of 'reasonable grounds' in legal contexts?

  • Historical data regarding a person's past infractions
  • A corroboration of multiple witness accounts
  • Objective evidence or facts indicating an offence may have occurred (correct)
  • An individual's intuition about a person

    • Who is responsible for ensuring compliance with Section 50 of the Criminal Justice Scotland Act 2016?

    <p>All personnel involved, including arresting and enquiry officers</p> Signup and view all the answers

    Which case emphasizes the need for objective assessment of reasonable grounds?

    <p>Houston v Carnegie 1999</p> Signup and view all the answers

    What can lead to a deprivation of someone's liberty under police custody according to the established guidelines?

    <p>Necessary circumstances as dictated by the law</p> Signup and view all the answers

    For how long may samples be retained before requiring police application for extension?

    <p>Three years</p> Signup and view all the answers

    When must an arresting officer administer the common law caution?

    <p>Upon formally making an arrest</p> Signup and view all the answers

    What information must be conveyed regarding the nature of the offence during an arrest?

    <p>The general nature of the offence</p> Signup and view all the answers

    What should the arresting officer do if the arrested person responds during the caution administration?

    <p>Note the reply</p> Signup and view all the answers

    What is considered as the reason for the arrest according to the guidelines?

    <p>Suspicion of having committed an offence</p> Signup and view all the answers

    Which section of the Criminal Justice (Scotland) Act 2016 allows for the arrest of a person?

    <p>Section 1</p> Signup and view all the answers

    What is necessary for the police to justify keeping a person in custody?

    <p>Ensuring it is necessary and proportionate</p> Signup and view all the answers

    What role does a solicitor play upon an arrest?

    <p>They provide immediate access to the detained individual</p> Signup and view all the answers

    Which statement accurately reflects the requirement for police authorization for detaining a person?

    <p>Authorization must be reasonable and necessary for investigating the offence.</p> Signup and view all the answers

    What does the custody Sergeant consider when deciding whether to authorize detention?

    <p>Whether the person’s presence is required for a full investigation.</p> Signup and view all the answers

    What happens if the custody Sergeant refuses authorization for continued detention?

    <p>The person can remain in custody only if officially charged with an offence.</p> Signup and view all the answers

    How long can a person with Not Officially Accused (NOA) status be held without charge?

    <p>Up to 12 hours.</p> Signup and view all the answers

    When does the 12-hour investigatory clock start for an arrested person?

    <p>At the time the Sergeant formally authorizes the arrest.</p> Signup and view all the answers

    What is required after 6 hours of detainment without charge?

    <p>The grounds for detention must be reviewed by an Inspector.</p> Signup and view all the answers

    What does an Inspector evaluate during their review of the detainment after 6 hours?

    <p>The original grounds for the arrest authorization.</p> Signup and view all the answers

    What is a key safeguard to prevent unreasonable police custody?

    <p>The necessity and proportionateness of keeping a person in custody.</p> Signup and view all the answers

    What is the maximum period for which a person can be arrested without charge under exceptional circumstances?

    <p>24 hours</p> Signup and view all the answers

    Who is authorized to extend the arrest period for a person 18 years or older?

    <p>Inspector or above not connected to the enquiry</p> Signup and view all the answers

    What happens if a 12-hour extension period has been entered?

    <p>The option to release and re-arrest is no longer available</p> Signup and view all the answers

    In the given scenario, who is responsible for providing first aid to the injured male?

    <p>Police Constables McLaren and Fleming</p> Signup and view all the answers

    What type of injuries was William Quinn observed to have?

    <p>Facial injuries with blood from the nose</p> Signup and view all the answers

    Which officer can authorize an arrest extension for an individual 17 years of age or younger?

    <p>Chief Inspector or above not connected to the enquiry</p> Signup and view all the answers

    What information did William provide to the police regarding his assailant?

    <p>He named and described Peter Moran</p> Signup and view all the answers

    While attending to William Quinn, what critical consideration must the officers remain aware of?

    <p>Evidential considerations</p> Signup and view all the answers

    Under what circumstance can a person be immediately liberated before arriving at a custody center?

    <p>Reasonable grounds for suspicion no longer exist.</p> Signup and view all the answers

    When does an arrest cease to exist?

    <p>When the grounds for arrest no longer exist.</p> Signup and view all the answers

    What must be communicated to a person who is being liberated from arrest?

    <p>The arrest has ceased and they are free to go.</p> Signup and view all the answers

    Which of the following scenarios does not signify the end of an arrest?

    <p>The person continues to deny the charges.</p> Signup and view all the answers

    Under what condition can a person be taken to a different location without first going to a Police Station?

    <p>If the arrest warrant specifies a different location.</p> Signup and view all the answers

    Which of the following does not lead to a person being considered as no longer under arrest?

    <p>Being found innocent in court.</p> Signup and view all the answers

    What is a requirement for a police officer when liberating a person from arrest?

    <p>Clarify that the arrest has ceased.</p> Signup and view all the answers

    Which of the following correctly describes a condition under which the act permits immediate liberation?

    <p>Reasonable grounds for suspicion no longer exist.</p> Signup and view all the answers

    Study Notes

    Reasonable Grounds and Arrest

    • Reasonable suspicion arises from facts or information satisfying an objective observer that an offence may have been committed.
    • Fox, Campbell and Hartley v UK (1990): European Court defined 'reasonable suspicion' based on objective evidence.
    • Houston v Carnegie (1999): Defined reasonable grounds on an objective basis.

    Presumption of Liberty

    • Criminal Justice Scotland Act 2016, Section 50: Constables must ensure individuals are not unreasonably held in custody.
    • Detention only permitted when necessary and for the least amount of time required.

    Compliance Responsibility

    • All parties involved—including arresting, enquiry, and custody officers—are responsible for adhering to Section 50 obligations.

    Sample Retention

    • Samples from arrested individuals can be retained for up to three years, with possible extension on application under specific circumstances.

    Information Provided Upon Arrest

    • Upon making an arrest, officers must inform the individual:
      • They are under arrest.
      • Nature of the offence.
      • Reason for the arrest.
      • Administer the common law caution.
      • Document any replies.

    Arrest Procedures

    • Arrest must be communicated clearly, specifying the legal basis and nature of the alleged offence, e.g., “I am arresting you under Section 1 of the Criminal Justice (Scotland) Act 2016 for assault.”
    • Reason for arrest should justify the necessity of custody and be communicated to the accused.

    Caution and Authorisation

    • Individuals are cautioned regarding their right to remain silent and that any statements may be used as evidence.
    • Custody Sergeants must determine if continued detention is justified based on necessity, seriousness of the offence, and potential for interference with the investigation.

    12-Hour Investigatory Clock

    • A person not officially accused can be held for up to 12 hours post-arrest.
    • Review of grounds for detention required at the 6-hour mark by an independent Inspector.

    12-Hour Extension

    • In exceptional cases, detention may extend up to 24 hours, necessitating approval from Officers not connected to the enquiry.
    • Unique rules apply for those under 18, requiring higher-level authorization.

    Not Officially Accused Example

    • Example involves officers finding an injured individual, gathering evidence regarding an assault, and ensuring process is followed.

    Ceasing of Arrest

    • An individual is no longer under arrest when grounds cease to exist, such as being released without charge or after being taken to court.
    • Clear communication upon liberation is vital, ensuring the individual understands their arrest has ended.

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    Description

    Test your knowledge of legal definitions and implications of 'reasonable suspicion' as interpreted in various cases. This quiz explores the significance of cases like Fox, Campbell, and Hartley v UK (1990) in shaping the concept of reasonable suspicion in law. Perfect for law students and enthusiasts interested in human rights legislation.

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