Powers of Arrest and Detention Flashcards

A person is suspected of possessing a controlled drug on licensed premises. Can a door supervisor make a citizen's arrest?

Answer: It depends — possession with intent to supply is indictable, but simple possession of a small amount may be summary only

Whether drug possession qualifies depends on the drug class and circumstances; possession with intent to supply is indictable, while simple personal possession of some substances is a summary offence and would not qualify.

What must a door supervisor be able to demonstrate to justify a citizen's arrest if challenged legally?

Answer: That an indictable offence was being or had been committed and that arrest was necessary

To justify a citizen's arrest, the supervisor must show that an indictable offence occurred and that one of the statutory necessity criteria was met, such as preventing the person from escaping.

If a person voluntarily agrees to wait for police after being accused of an offence and is not physically restrained or told they cannot leave, the situation is best described as what?

Answer: Voluntary attendance

If a person stays of their own free will without being physically restrained or told they cannot leave, this constitutes voluntary attendance rather than an arrest.

Under Section 24A PACE 1984, which TWO conditions must BOTH be met for a citizen's arrest to be lawful?

Answer: An indictable offence must be in progress or have occurred, AND arrest must be necessary because a constable cannot be summoned in time

Section 24A requires both that an indictable offence is being or has been committed, and that it is not reasonably practicable to summon a constable to make the arrest.

After detaining someone under citizen's arrest, which of the following actions should a door supervisor AVOID?

Answer: Conducting a formal interview and asking the person questions about the alleged offence

Conducting a formal evidential interview is a police function; a door supervisor questioning a detainee about the offence could compromise chain of evidence and any subsequent prosecution.

A door supervisor ejects a person who then immediately assaults another member of the public outside the venue. May the supervisor physically intervene?

Answer: Yes, any person may use reasonable force to prevent crime or protect another under common law and the Criminal Law Act 1967

Common law and Section 3 of the Criminal Law Act 1967 allow any person to use reasonable force to prevent crime or protect others from harm, regardless of their location or role.

Which of the following statements about preserving evidence after a citizen's arrest is correct?

Answer: Preserving the scene is important but actually collecting evidence is a police function to maintain chain of custody

Preserving the scene helps maintain evidence integrity, but the formal collection and handling of physical evidence is a police function, ensuring the legally required chain of custody is maintained.