Deck 8: The Criminal Process: 1 The Investigation of Crime

Question 1

Police-recorded crime may not adequately represent all crime

Answer 1

True

Question 2

Which of the following statements about suspects stopped in the street are FALSE?

A) Suspects stopped in the street are legally obliged to help police with enquiries
B) Suspects stopped in the street are not legally obliged to help police with enquiries
C) A person may be arrested for being silent or misleading under s 25 if the officer has reasonable doubts about the suspect's name and address
D) There have been newly enlarged powers of stop and search under s 60 PACE
E) A person may be arrested for being silent or misleading under s 25 if the officer has reasonable doubts about whether the summons procedure can be used at the address given

Answer 2

A,E
Explanation:Suspects stopped in the street are not legally obliged to help police with enquiries. Note also that a person may be arrested for being silent or misleading under s 25 if the offi cer has reasonable doubts about the suspect's name and address, or whether the summons procedure can be used at the address given. Note the newly enlarged powers of stop and search under s 60

Question 3

Match up the following lawful arrests with their meaning
-Arrest under warrant

A)Where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended
B)The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (s 1 of the Magistrates' Courts Act 1980)
C)This right to arrest is generally governed by s 24 of PACE 1984

Answer 3

B

Question 4

Match up the following lawful arrests with their meaning
-Arrest without warrant at common law

A)Where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended
B)The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (s 1 of the Magistrates' Courts Act 1980)
C)This right to arrest is generally governed by s 24 of PACE 1985

Question 5

Match up the following lawful arrests with their meaning
-Arrest without warrant under legislation

A)Where a breach of the peace has been committed and there are reasonable grounds for believing that it will be continued or renewed, or where a breach of the peace is reasonably apprehended
B)The police lay a written information on oath before a magistrate that a person 'has, or is suspected of having, committed an offence' (s 1 of the Magistrates' Courts Act 1980)
C)This right to arrest is generally governed by s 24 of PACE 1986

Question 6

In January 2008, revised PACE Codes of Practice A-E came into force. Match up the Code to what is relates t
-Code A

A)Identifi cation procedures
B)Entry and search of premises
C)Treatment and questioning in the police station
D)Stop and Search

Question 7

In January 2008, revised PACE Codes of Practice A-E came into force. Match up the Code to what is relates t
-Code B

A)Identifi cation procedures
B)Entry and search of premises
C)Treatment and questioning in the police station
D)Stop and Search

Question 8

In January 2008, revised PACE Codes of Practice A-E came into force. Match up the Code to what is relates t
-Code C

A)Identifi cation procedures
B)Entry and search of premises
C)Treatment and questioning in the police station
D)Stop and Search

Question 9

In January 2008, revised PACE Codes of Practice A-E came into force. Match up the Code to what is relates t
-Code D

A)Identifi cation procedures
B)Entry and search of premises
C)Treatment and questioning in the police station
D)Stop and Search

Question 10

Sections 120 ans 121 of PACE enable police staff to undertake custody functions previously restricted to police officers. What do you think of these new powers?

Question 11

Woolf LJ thought there were three things to consider in cases where an arrest is alleged to be unlawful. What are they?

Question 12

What does the term 'dangerous instruments' mean?

Question 13

What does the term 'terrorism' mean?

Question 14

How would you define the term 'reasonable force?

Question 15

Section 38 states that, after being charged, the arrested person must be released with or without bail unless what?

Question 16

A person arrested by a constable, or handed over to one, must be taken to a police station as soon as is ___

Question 17

There is no ___ on a citizen to answer police questions

Question 18

A ___ review of a decision to detain someone can be brought in the High Court on the ground that the detention is unlawful

Question 19

PACE 1984 gives the police power to ___ and search 'any person or vehicle' and to detain either for the purpose of such a search

Question 20

Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, may only be made by an officer who fulfils which criteria?

A) May only be made by the chief constable on duty at the present time
B) May only be made in a police station
C) May only be made if there are at least two officers of the same sex as the person being searched present
D) Is of the same sex as the person searched
E) Is not be made in the presence of anyone of the opposite sex unless the person being searched specifi cally requests it

Question 21

What are the possible remedies for arrest?

A) An action for damages for false charge
B) The person, or someone on his behalf, can bring proceedings of habeas corpus
C) To use the illegality of the detention to argue that any subsequent prosecution should fail
D) An action for damages for false imprisonment
E) A judicial review of the detention

Question 22

Police-recorded crime in England and Wales has been rising

Question 23

The British Crime Survey does not cover crimes against those aged under 16

Question 24

If the arrest is not lawful, there is the right to use reasonable force to resist it

Question 25

For there to be an arrest, the arrestor must regard his action as an arrest

Question 26

The scope of s 60 and police powers to stop and search are being incrementally extended through various Acts of Parliament

Question 27

There is no automatic right to search all suspects as a matter of routine

Question 28

What is the name of the face-to-face victimisation survey in which people resident in households in England and Wales are asked about their experiences of crime in the 12 months prior to interview?

A) The UK National Crime Survey
B) The British Crime Survey
C) The British Crime Report
D) The Annual Crime Report
E) The UK Database for Crime

Question 29

What must the police officer have in order to stop and search a person?

A) Suspicion beyond reasonable doubt
B) Suspicion which the ordinary person would have
C) Minor suspicion
D) Reasonable suspicion
E) Serious suspicion

Question 30

Where there may be religious sensitivities about asking someone to remove headgear using a power under s 45(3) of the Terrorism Act 2000, where should the police officer offer to carry out the search?

A) Out of public view
B) At the person's home
C) At a place of the person's choice
D) At the persons workplace
E) The person cannot be requested to do such action

Question 31

Which piece of legislation meant that a person of at least the rank of commander or assistant chief constable, who considered it expedient to do so for the prevention of acts of terrorism, could issue an authorisation specifying a particular area or place?

A) Anti-terrorism, Crime and Security Act 2001
B) Prevention of Terrorism Act 2005
C) The Terrorism Act 2000
D) Terrorism Act 2006
E) Prevention of Terrorism Act (Northern Ireland)

Question 32

The use of force by a member of the public when arresting someone is governed by which section of the CLA 1967?

A) s.2
B) s.3
C) s.4
D) s.5
E) s.6

Question 33

At what moment does an arrest become lawful?

A) When the arrest has been accepted by the chief constable on duty
B) When the arrestor informs another office of the arrest
C) When the arrestor handcuffs the suspect
D) When the suspect is detained at the police station
E) When the arrestor informs the suspect of the grounds for arrest

Question 34

The Home Secretary is responsible for which of the following?

A) The Metropolitan Police
B) Criminal statistics
C) All criminal law courts
D) The probation service
E) The Crown Prosecution Service

Question 35

Section 60 of the CJPOA 1994 provides for a stop and search power in anticipation of ___