Helping police with their enquiries

[Dr Jekyll]

Never seem to hear this anymore.

Is it no longer useful as a euphemism because everyone takes it to mean 'we've got the bd, just the irritating formality of a trial'?

Or did PACE outlaw it?

[grumpyscot]

Expression is still used in Scotland, since PACE doesn't apply here. Also, unlike England, police cannot arrest someone "on suspicion". They can detain someone, but not arrest, which is then known as "helping with enquiries". We also have the need for corroboration, unlike England, where two separate pieces of evidence are required to form a charge.

[Eclassy]

I believe that in England you can not arrest on suspicion alone. There is also a necessity test which must be passed. The necessity criteria most frequently used is 'for prompt and effective investigation' and will apply in majority of situations.

This necessity test was brought in to prevent the arrest by appointment cases and it has worked although some officers still arrest by appointment either delibrately or due to a lack of understanding of the rules.

[Grumpy old git]

Eclassy said:

I believe that in England you can not arrest on suspicion alone.

I think the police would be rather hamstrung if this was the case. I suspect you're thinking of a "citizens" arrest.

[Elroy Blue]

Prompt and effective investigation can not be used on its own under code G

[Eclassy]

Grumpy old git said:

I think the police would be rather hamstrung if this was the case. I suspect you're thinking of a "citizens" arrest.

By my understanding it is the case. It is in PACE, I believe Code G. There are 2 requirements. Reasonable suspicion a person is involved in a crime that has been or about to be committed and then necessity to arrest.

An example may be someone attends a police station by appointment. All the policeman requires is a statement. There is already reasonable suspicion the person is involved with the crime hence they've been asked to attend. The police officer must then ask himself if it is necessary to arrest this person to be interviewed. Are there other options available for the interview to be conducted?

Edited by Eclassy on Friday 27th June 18:26