FOI training and guidance documents - arrests without a warrant

Freedom of information request reference no: 01.FOI.24.034763

I note you seek access to the following information:

Please send me the training or guidance documents for the following

making arrests without a warrant
how to make a decision as to what are "reasonable grounds" and the other considerations required for an arrest to be legal.

training on the responsibilities of arresting officers, custody officers and anyone that instructs the arresting officers to make the arrest

training on when arrests should be made - there seems to be a tendency to favour middle-of-the-night arrests.

training on when "street bail" can be considered

Health and safety - assessing the risk to the mental health of the person that is being considered for arrest

custody officer - training on whether street bail will solve the need of the arrest so that the accused can be released immediately without imprisonment "custody".

training around the safety (ie accuracy) of a statement given by an arrested person, arrested from their home during the middle of the night, thus sleep-deprived, terrified, suicidal, depressed - how does the officer, the custody officer and the interviewing officer decide whether the interview will be "accurate" given the stresses put on the accused?

I assume training and on-going guidance is given on all these aspects - I'm asking for the written training documents.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Areas around Arrest and Interview are covered in PACE (Police and Criminal Evidence Act 1984) and heavily regulated – most training simply emphasises and indicates what is covered in Police and Criminal Evidence Act 1984.

Please send me the training or guidance documents for the following

• making arrests without a warrant
• how to make a decision as to what are "reasonable grounds" and the other considerations required for an arrest to be legal.

This is covered in PACE CODE G

• training on the responsibilities of arresting officers, custody officers and anyone that instructs the arresting officers to make the arrest.

Covered in PACE CODE G and PACE CODE C – the arrest power is the officers PERSONAL power – no officer can be instructed to make an arrest, it should be their decision alone. Custody Officers are independent of an investigation and are there for the welfare of the detained/arrested person and ensure that correct procedures are followed

• training on when arrests should be made - there seems to be a tendency to favour middle-of-the-night arrests.

Arrests occur when “necessary”, there is no indication as to when (time of) an arrest is necessary. It is dependent on the time of the crime – so for instance 60% of domestic burglaries occur between 1800hrs and 0600hrs – this tends to be reflected in most other crime types. So arrests will reflect the times of crimes occurring (for the most part).

• training on when "street bail" can be considered.

This is covered in PACE CODE G

• Health and safety - assessing the risk to the mental health of the person that is being considered for arrest – Detained.

Under “Mental Health Toolkit”:

The aim of this session is for student police officers to be able to develop understanding of the support provided for vulnerable people - mental ill health.
At the end of the session the learners will be able to:
1. Identify the mental health toolkit on the Met IT systems
2. Explain process and police powers in relation to detained patients being absent from hospital (Subject to S.2 &S.3 Mental Health Act (MHA) 1983) and detained under s.136 MHA (including children)
3. Outline the guidance given in relation to s.135 Warrants and Police response.
4. Explain the mnemonic IDCURE in relation to assessing capacity under the Mental Capacity Act 2005 (MCA) and outline good and inappropriate use of the MCA.

• Vulnerability and Risk - 2 Explain the national drivers for the police service in providing a professional and ethical service to individuals who are, or may be, vulnerable, have suffered harm or be at risk of harm Vulnerability and Risk –
• Response Policing – 3 understand how to deal with Issues of vulnerability when attending the scene of an incident as a first responder 4 Apply practical policing skills when attending an incident as a first responder
Understanding the role of the Constable - 7 Exercise police powers and procedures fairly and without bias
Vulnerability & Risk (Mod 3)
• 2.2 Legislation policies and ‘what works in relation to vulnerable people or those at risk of harm
Mental Capacity Act 2005
Mental Health Act 1983
Codes of Practice Mental Health Act

Response Policing
• 3.1 Importance of recognising vulnerability when attending incidents
• 3.1a Importance of considering the possibility of hidden medical conditions or non-visible signs that may lead to a person being vulnerable e.g. kidney dialysis, pacemakers, previous stroke victim, disability badges, medical alert bracelets etc.
• 3.2 Procedures for dealing with Individuals who suffer from Mental health
• 3.3 Effective Partnership working in relation to vulnerability and mental health when responding to an incident
• 4.21 Specific considerations for responding to common high-risk incidents:
• Mental health (including restraint)
• 4.4 Recognising that the police may not be the most appropriate agency to deal with the incident Understanding the role of the constable
7.1 Legal requirement to use the least level of power necessary to achieve a legitimate and lawful aim
• Human Rights Act 1998
• Mnemonic PLAN

• custody officer - training on whether street bail will solve the need of the arrest so that the accused can be released immediately without imprisonment "custody".

Covered in PACE Code C – however if this in relation to detention relating to MHA then the person does not go to a police station but to a hospital or designated place (not custody) – there can be exceptions HOWEVER requires Inspector (or above) Authority and should only be used where there is no alternative or where a serious crime has been committed.

• training around the safety (ie accuracy) of a statement given by an arrested person, arrested from their home during the middle of the night, thus sleep-deprived, terrified, suicidal, depressed - how does the officer, the custody officer and the interviewing officer decide whether the interview will be "accurate" given the stresses put on the accused?

Covered in PACE CODE E and F – additionally the protection offered by the right to legal representation for the detained person, either to consult or have representation in interview (again covered in PACE). However, if this in relation to detention relating to MHA then the person does not go to a police station (as a rule) but to a hospital or designated place (not custody) and therefore does not get interviewed, instead they are assessed at the designated place by a MH professional. If they are taken to a Custody suite then they are there as a place of safety and would be assessed by a MH professional in custody, first. APPROPRIATE ADULT – ADD

Interview accuracy and answers are not specifically for Police to decide – Police role as investigators is to gather evidence (whether it points to any particular suspect or away from the suspect) and the interview is part of that. As such while the interview is important, there are many other avenues that can and should be followed in any investigation. Then the case gets put to the CPS to decide on whether to charge (or in Police decisions, to an Evidential Review Officer who is independent of the investigation) and again they would review the interview and what was said in that. Ultimately, should a case get to court it is for the Judge/Jury to decide on the veracity of any account (including interview). Additionally, the defendant (at that point) has representation in terms of the defence Barrister to draw this out.