This chapter highlights Part III of the Police and Criminal Evidence Act (PACE) 1984, which outlines powers and duties in relation to arrest. It discusses arrest without warrant by constables and other persons, information to be given on arrest, and powers and procedures with respect to persons arrested elsewhere than at a police station. It also reviews provisions on the bail of persons arrested elsewhere than at a police station and the arrest of persons at police stations, attending voluntarily or by arrest for further offence. The chapter explores the power and duty of the search of persons and search and entry of premises upon arrest at a place other than a police station. It mentions the Serious Organised Crime and Police Act 2005 (SOCPA), which splits the general power of arrest into two sections: arrests effected by constables and arrests effected by other persons.
This chapter addresses the management of witnesses. Gathering accurate and reliable information from victims and witnesses significantly influences the positive or negative outcome of an investigation. Properly conducted witness interviews enable investigators to understand what has occurred and allows them to focus on the relevant time parameters of the incident to identify and support other lines of enquiry. Indeed, the aim of the investigator is to try and obtain the most accurate and reliable account in the first instance. The success of an investigation may well be influenced by the standards that are employed in obtaining the first witness account. The chapter then looks at witness identification and the principles of investigative interviewing. It also considers witness assessment and classification; the Mental Capacity Act 2005; the Serious Organised Crime and Police Act 2005 (SOCPA); and the Witness Charter (Criminal Justice System 2009).