ADPP Session 1 Law/Powers PPP145
Role of Police in a Democratic Society - Functions: - Protecting life and property - Preventing and detecting crime - Upholding the law - Maintaining order - Providing policing services
Proving Criminal Liability - Key Requirements:
1. The prosecution must pro...
3. Documentary: Written, electronic, audio, or visual records
Definitions of Evidence Types
- Inculpatory Evidence: Evidence that incriminates a defendant (suggests guilt).
- Exculpatory Evidence: Evidence that exonerates a defendant (suggests innocence).
Hierarchy of Secondary Identification Methods
1. Crowd scenes
2. Photographs
3. In dock (court identification)
Define Arrest
- Components:
- T: Total restraint of personal liberty.
- E: Effective from the moment a person is not free to come and go as they please.
- A: An officer conveys, through words or actions, that the suspect is not free to leave.
, Reasons to Arrest
- Justifications:
- Commission of an offense
- By virtue of a warrant
- To avert a breach of peace
- Under a specific power, as per other legislation (e.g., Bail Act 2013, Road Transport Act 2013)
Define Reasonable Suspicion ✔️- More than an ideal wondering whether something exists or not.
- Positive feeling of actual apprehension/mistrust to a slight opinion but without enough evidence
- Test is both subjective (you) and objective (reasonable person)
Elements of a Lawful Arrest ✔️1. Sanctioned by law (offence, warrant, etc)
2. Sufficient act of arrest (restraint/submission)
3. Safeguards (IPE)
Effecting an arrest ✔️- Seizure/touching a person's body with a view to his/her arrest
- Officer states in terms that they are arresting the suspect and the suspect submits to the authority of
the officer
- Words/conduct by the PO make it clear the person is not free to go.
Alternatives to arrest ✔️- No action
- Warning/Caution
- Penalty Notice
- Field Court Attendance Notice (FCAN)
- Future Service Court Attendance Notice (FSCAN)
LEPRA Section 201 ✔️Police powers to which this Part applies:
- Stop, search or arrest
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