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Reasonable suspicion/ belief, grounds and arrest.


Samuel Bache
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Right then guys and girls, I promise I am nearly done with all these posts regarding my knowledge checks!

This one is regarding reasonable suspicion/ belief, grounds and necessity for arrest with some caution thrown in to.

I have typed up my current understanding, but I must admit this is an area I have found hard work to get my head around.

When would/ should you cation someone?

1) When you are going to question someone regarding an incident you suspect they may be linked to.

2) If someone makes a significant statement.

3) After an arrest.

What do we need to make an arrest?

Reasonable suspicion > reasonable belief > reasonable grounds > arrest > caution.

Under most circumstances we require “grounds to believe” (or “grounds to suspect”) in some cases AND reasonable grounds as to why the arrest is necessary.

To undertake a lawful arrest these are the following steps that are needed...

Say: Offence committed, grounds and necessity for the arrest. Now caution..

Reasonable grounds:

Our suspicions or beliefs must be backed up by reasonable grounds.

We cannot act on gut feeling or else we risk breaching article 5 of the human rights act, right to liberty.

We are looking for some form of evidence or information that can link an individual or individuals to an offense.

How can we justify an arrest?:

Imagine to yourself, what would happen if we let the suspect go and invited them to an interview the next day?

The suspect in question may go “missing” if we are dealing with someone who is know to fail to attend at court etc.

Evidence may be destroyed.

For example if we discover someone is in possession of drugs or stolen property, if we allow them to return home the chances are such items will be destroyed or moved to hide any further offenses or evidence of offenses being committed.

Another justification of arrest would be a situation where the offender may carry on offending once the police leave.

Such as someone who is drunk and disorderly causing criminal damage to a phone box by kicking it, if we do not arrest them and take them away from the scene they may continue to offend once we move on.

If a driver of a vehicle fails to provide details when asked they have committed an arrest-able offence.

All such reasons cover reasonable grounds for arrest, but there are many more!

Reasonable suspicion > reasonable belief > reasonable grounds > arrest > caution.

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