Purpose, role and scope of the Child Offences Exploitation and Child Abuse Command
Freedom of information request reference no: 01.FOI.24.036769
I note you seek access to the following information:
1. If the prohibited steps order has no power of arrest attached to it, could the CAIT team still make an arrest?
2. What would be the usual basis for making that arrest? i.e would it be when the parent and the child return back into the country after the parent has committed the offences of having abducted the child?
3. If the parent is at the boarding gate,airport attempting to take the child, would that be reason for arrest by CAIT team or does the actual offence of having already taken the child out of the UK need to have been committed?
4. If the basis of any arrest was because of suspicion of going abroad for alleged terrorism offences and not for only child abduction, would the CAIT team be able to seize any personal items of the suspect such as i.e electronic devices, phones, laptops or other personal items?
5. If the CAIT team arrests the suspect for suspicion of child abduction, would it be usual for them to search the suspects home and correspondence? I.e search the home library, search their own recycling for paper, notes or written information or other such personal information or correspondence?
6. If cases are led by the specialist terrorism investigators/ unit and the suspect is arrested, why would the CAIT team then take over the investigation i.e the police interview, suspect in custody if the terrorist offences team are the ones who led the investigation?
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
Q1 - If the prohibited steps order has no power of arrest attached to it, could the CAIT team still make an arrest?
If there is evidence of an attempted abduction/abduction (contrary to Section 1 of the Child Abduction Act 1984) that has taken/is taking place, an arrest can be made.
Q2 - What would be the usual basis for making that arrest? i.e would it be when the parent and the child return back into the country after the parent has committed the offences of having abducted the child?
If there is evidence of an attempted abduction/abduction (contrary to Section 1 of the Child Abduction Act 1984) that has taken/is taking place, an arrest can be made. If the offender has travelled outside of the UK, extradition proceedings can be considered in order to arrest and prosecute.
Q3 - If the parent is at the boarding gate,airport attempting to take the child, would that be reason for arrest by CAIT team or does the actual offence of having already taken the child out of the UK need to have been committed?
If there is evidence of an attempted abduction (contrary to Section 1 of the Child Abduction Act 1984) that has taken/is taking place, an arrest can be made.
Q4 - If the basis of any arrest was because of suspicion of going abroad for alleged terrorism offences and not for only child abduction, would the CAIT team be able to seize any personal items of the suspect such as i.e electronic devices, phones, laptops or other personal items?
Once a person has been arrested, search powers s.32 & s.18 of PACE becomes available to officers. The powers are set out below:
i. To search an arrested person where the person has been arrested at a place other than a police station. The Constable must reasonably believe that the arrested person may present a danger to themselves or others.
ii. To search the arrested person for anything:
(a) which he might use to assist him to escape from lawful custody; or
(b) which might be evidence relating to an offence;
iii. If the offence is indictable, to enter and search any premises that the suspect was in at the time of their arrest, or immediately before arrest, for evidence.
The officer must reasonably believe that the premises may contain evidence and must only search to the extent that is reasonably required to discover any such item or evidence.
In relation to (b above) - A constable searching a person in the exercise of the power conferred by subsection (b) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing:
(1) That he might use it to assist him to escape from lawful custody; or
(2) That it is evidence of an offence or has been obtained in consequence of the commission of an offence.
Q5 - If the CAIT team arrests the suspect for suspicion of child abduction, would it be usual for them to search the suspects home and correspondence? I.e search the home library, search their own recycling for paper, notes or written information or other such personal information or correspondence?
The powers available to a constable in relation to searching a home address after arrest is provided by s.32 & s.18 of PACE set out under 1 & 2 respectively:
1. s.32 of PACE allows a constable to:
i. Search an arrested person where the person has been arrested at a place other than a police station. The Constable must reasonably believe that the arrested person may present a danger to themselves or others.
ii. Search the arrested person for anything:
(a) Which they might use to assist them to escape from lawful custody; or
(b) Which might be evidence relating to an offence;
iii. If the offence is indictable, to enter and search any premises that the suspect was in at the time of their arrest, or immediately before arrest, for evidence.
The officer must reasonably believe that the premises may contain evidence and must only search to the extent that is reasonably required to discover any such item or evidence.
2. s.18 of PACE allows a constable to:
i. Enter and search the premises occupied or controlled by a suspect who has been arrested for an indictable offence.
There must be reasonable grounds for suspecting that there is evidence relating to that offence, or to another connected or similar indictable offence, on the premises.
Q6 - If cases are led by the specialist terrorism investigators/ unit and the suspect is arrested, why would the CAIT team then take over the investigation i.e the police interview, suspect in custody if the terrorist offences team are the ones who led the investigation?
If a person has been arrested for child abuse, an officer from the specialist CAIT team will conduct the child abuse investigation. This would include an interview of the arrested person under PACE.