Arrest procedures 409/2024
FOI Reference: 409/2024
Request:
- I'd like to see the instructions given to police officers regarding what procedures need to be followed when they make an arrest
- what they need to consider before making the arrest
- what they need to record in writing about these decisions
- what they need to say when making the arrest
And the same for custody sergeants, who must make their own independent decision before putting someone in the cells
- what do they need to consider before they can make this momentous decision
- what do they need to record in writing about this decision
- Please do what you can in the available time for this request. Just get me whatever info you can in the time.
I am assuming that, given that this is such an important area because it deprives the public of liberty, the police would be given a simple checklist, a reminder of what to follow. Just as you would if you were operating a forklift truck, or if you were checking a forklift truck before you used it.
These will be digital and therefore subject to FOI
Of course, it is the independent decision of the arresting officer and of the custody officer whether an arrest and detention can take place - they can't delegate upwards and claim they were simply doing what they were told to do - see Alger v Metropolis. If they do, the arrest is automatically illegal.
If you simply refer me to PACE, then I will conclude that your police force does not have any of the most basic training and reminder / checklist provisions in place. If this were a Health and Safety matter, that would be taken as prima facie proof that the organisation was not doing enough to safeguard Health and Safety (which is what I suspect is happening with the police).
I'm sending this request to all police forces, so it will be interesting to see the differing procedures in place .
Requirement to help:
You will remember of course that it's your personal duty to help me achieve the information that I'm looking for. So feel free to suggest other ways that I can achieve the aim.
Why is this in the public interest?
I think that's obvious. The public don't want to have their liberty deprived unlawfully. It's also important for the police so that they leave an audit trail. It's also important for senior police so that they can check that correct procedures are being followed every time an arrest is carried out. I suspect that most police officers have hugely insignificant training on this most important area. Judges are required to correct the decisions made by other judges on whether an arrest is illegal (Metropolis v MR) - which kind of makes it impossible to expect a pc with a few months' experience to make these judgements.
Don't have enough time?
I get this excuse a lot. I always follow up with another foi request to get the written details of that decision. And this has been sent to 40 odd other police forces, so not going to look good if they can come up with answers in the time.
Response:
I can confirm that there is information held by Dyfed-Powys Police, the relevant departments have advised the following -
Under section 37 of PACE, the custody officer shall determine whether or not there is sufficient evidence to charge a person who has been arrested and taken to a custody unit.
If the CO has reasonable grounds to believe that the persons detention without being charged is necessary to secure or preserve evidence in relation to the offence for which that person in arrested, or to obtain such evidence by way of questioning, the CO may authorise that person to be kept in police detention.
If they do decide to authorise this detention, then they must make a written record of the grounds for detention.
Dyfed-Powys Police initial training is delivered by a dedicated training team for a period of 29 weeks followed by a tutorship at an allocated division. This period is part of a Police Education Qualification Framework programme (PEQF) which is designed to fully equip student officers in the role of Police Constable.
The programme covers many aspects, such as policing skills, legislation, policies, procedures, investigative methods, community partnership working, digital policing, evidence-based policing, roads policing and many more and will now include an academic element which is supported by the University of South Wales.
With reference to the information that you have requested here are some of the subjects covered in our class-based inputs:
Legislation:
Police and Criminal Evidence Act 1984 (PACE Code G): In this lesson we discuss how the legislation sets out the powers and procedures that police officers must follow when making an arrest, conducting searches, and handling evidence. The lesson also outlines the rights of individuals in police custody.
Criminal Procedure and Investigations Act 1996 (CPIA): In this lesson we discuss how the legislation governs the handling and disclosure of evidence in criminal cases, including procedures related to the arrest and detention of suspects.
Human Rights Act 1998: In this lesson we discuss how the Act incorporates the European Convention on Human Rights into UK law, guaranteeing certain fundamental rights and freedoms, including the right to liberty and security of person.
Procedures:
Grounds for Arrest: In this lesson we discuss things to consider before making an arrest, police officers must have reasonable grounds to suspect that the person has committed or is about to commit a criminal offense. This is a legal requirement under PACE.
Arrest Necessity: In this lesson we discuss the Serious Organised Crime and Police Act 2005 and the acronym IDCOPPLAN Investigation, Disappearance, Child / Vulnerable Person, Obstruction of the highway, physical injury, public decency, loss or damage, address not ascertained or provided and name not ascertained or provided.
Caution & Significant Statements: In this lesson we discuss the meaning and purpose of the three cautions, actions taken upon arresting an individual, police officers must inform them of the grounds for the arrest and caution them. The input covers the three cautions and significant statements. Students learn the cautions verbatim and this is tested throughout several roleplay exercises throughout their time in training.
Use of Force: In this lesson we discuss Police officers are authorized to use reasonable force when making an arrest, if necessary, but the force used must be proportionate to the circumstances.
Search and Seizure: In this lesson we discuss the steps following the arrest, police officers may conduct a search of the individual and seize any evidence relevant to the offense for which they were arrested.
Rights of the Detained Person: This lesson discusses the detained person has the right to legal representation, to inform someone of their arrest, and to receive medical treatment if needed.
Investigative Interview: Student officers are taught about if the detained person is taken to a police station, they must be informed of their rights, including the right to have someone informed of their detention, the right to legal advice, and the right to consult the Codes of Practice under PACE.
Record Keeping: Police officers are required to keep detailed records of the arrest, including the grounds for arrest, any use of force, and the circumstances surrounding the detention.
By following these legislation and procedures, police officers ensure that arrests are conducted lawfully, fairly, and in accordance with the rights of the individual being detained. Failure to adhere to these requirements can lead to the arrest being deemed unlawful and the evidence obtained being inadmissible in court.
It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.
(This is a response under the Freedom of Information Act and disclosed on the 16th of May 2024)