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Questions and Answers
What is defined as 'reasonable suspicion' according to the European Court of Human Rights?
What is defined as 'reasonable suspicion' according to the European Court of Human Rights?
What does Section 50 of the Criminal Justice Scotland Act 2016 imply about police custody?
What does Section 50 of the Criminal Justice Scotland Act 2016 imply about police custody?
Which of the following best represents the concept of 'reasonable grounds' in legal contexts?
Which of the following best represents the concept of 'reasonable grounds' in legal contexts?
Who is responsible for ensuring compliance with Section 50 of the Criminal Justice Scotland Act 2016?
Who is responsible for ensuring compliance with Section 50 of the Criminal Justice Scotland Act 2016?
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Which case emphasizes the need for objective assessment of reasonable grounds?
Which case emphasizes the need for objective assessment of reasonable grounds?
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What can lead to a deprivation of someone's liberty under police custody according to the established guidelines?
What can lead to a deprivation of someone's liberty under police custody according to the established guidelines?
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For how long may samples be retained before requiring police application for extension?
For how long may samples be retained before requiring police application for extension?
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When must an arresting officer administer the common law caution?
When must an arresting officer administer the common law caution?
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What information must be conveyed regarding the nature of the offence during an arrest?
What information must be conveyed regarding the nature of the offence during an arrest?
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What should the arresting officer do if the arrested person responds during the caution administration?
What should the arresting officer do if the arrested person responds during the caution administration?
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What is considered as the reason for the arrest according to the guidelines?
What is considered as the reason for the arrest according to the guidelines?
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Which section of the Criminal Justice (Scotland) Act 2016 allows for the arrest of a person?
Which section of the Criminal Justice (Scotland) Act 2016 allows for the arrest of a person?
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What is necessary for the police to justify keeping a person in custody?
What is necessary for the police to justify keeping a person in custody?
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What role does a solicitor play upon an arrest?
What role does a solicitor play upon an arrest?
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Which statement accurately reflects the requirement for police authorization for detaining a person?
Which statement accurately reflects the requirement for police authorization for detaining a person?
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What does the custody Sergeant consider when deciding whether to authorize detention?
What does the custody Sergeant consider when deciding whether to authorize detention?
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What happens if the custody Sergeant refuses authorization for continued detention?
What happens if the custody Sergeant refuses authorization for continued detention?
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How long can a person with Not Officially Accused (NOA) status be held without charge?
How long can a person with Not Officially Accused (NOA) status be held without charge?
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When does the 12-hour investigatory clock start for an arrested person?
When does the 12-hour investigatory clock start for an arrested person?
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What is required after 6 hours of detainment without charge?
What is required after 6 hours of detainment without charge?
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What does an Inspector evaluate during their review of the detainment after 6 hours?
What does an Inspector evaluate during their review of the detainment after 6 hours?
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What is a key safeguard to prevent unreasonable police custody?
What is a key safeguard to prevent unreasonable police custody?
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What is the maximum period for which a person can be arrested without charge under exceptional circumstances?
What is the maximum period for which a person can be arrested without charge under exceptional circumstances?
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Who is authorized to extend the arrest period for a person 18 years or older?
Who is authorized to extend the arrest period for a person 18 years or older?
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What happens if a 12-hour extension period has been entered?
What happens if a 12-hour extension period has been entered?
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In the given scenario, who is responsible for providing first aid to the injured male?
In the given scenario, who is responsible for providing first aid to the injured male?
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What type of injuries was William Quinn observed to have?
What type of injuries was William Quinn observed to have?
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Which officer can authorize an arrest extension for an individual 17 years of age or younger?
Which officer can authorize an arrest extension for an individual 17 years of age or younger?
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What information did William provide to the police regarding his assailant?
What information did William provide to the police regarding his assailant?
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While attending to William Quinn, what critical consideration must the officers remain aware of?
While attending to William Quinn, what critical consideration must the officers remain aware of?
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Under what circumstance can a person be immediately liberated before arriving at a custody center?
Under what circumstance can a person be immediately liberated before arriving at a custody center?
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When does an arrest cease to exist?
When does an arrest cease to exist?
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What must be communicated to a person who is being liberated from arrest?
What must be communicated to a person who is being liberated from arrest?
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Which of the following scenarios does not signify the end of an arrest?
Which of the following scenarios does not signify the end of an arrest?
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Under what condition can a person be taken to a different location without first going to a Police Station?
Under what condition can a person be taken to a different location without first going to a Police Station?
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Which of the following does not lead to a person being considered as no longer under arrest?
Which of the following does not lead to a person being considered as no longer under arrest?
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What is a requirement for a police officer when liberating a person from arrest?
What is a requirement for a police officer when liberating a person from arrest?
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Which of the following correctly describes a condition under which the act permits immediate liberation?
Which of the following correctly describes a condition under which the act permits immediate liberation?
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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.
