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Arrest necessity

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I know I may be missing something obvious but as a general rule what is your necessity to arrest for simple possession of drugs if you are satisfied that's all they have?

Likewise a shoplifter if you believe you have recovered all the stolen property on stopping them? 

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Generally, you'll have Prompt and effective investigation with respect to interview and s18 search. You may need to verify their identity by getting them in and fingerprinted. Often those people are of no fixed abode so you need to arrest to charge rather than report for summons (which would require an address). If it is someone that is prolific shoplifter then you will want to Prevent further loss of property. If it is someone that has previous for not answering bail or failing to appear at Court then you could go for Prevent the prosecution from being hindered by their disappearance.

On occasions, I have just PNB interviewed shoplifters at the shop before if they are not prolific but i know who they are. Then a quick file to report for summons slow time (rather than get tied up in custody).



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Cheers. I know it is probably more obvious when face to face with certain incidents but some offences the necessity criterias  don't look like they will fit in. 

For instance my force states that for cannabis if not eligible for a warning we should arrest. But if they say it's theirs and you just need to interview I'd presume that really there's no actions that arrest would facilitate. A VA would surely suffice?

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If your Force policy is to arrest if CW is not an option then you will have to do that but I agree with you that if none of the necessity criteria fit then you are not lawfully arresting the suspect. Even if you DO technically have a necessity criteria then you also need to consider whether the arrest os 'proportionate' and genuinely 'necessary'. If you can justify why you do not think it was proportionate or necessary to arrest then you cannot be criticised. A PNB or voluntary interview in order to report for summons is still positive action with the same end result AND saves you the hassle of custody.

You can probably tell that I hate Custody not only is it time consuming and depressing but it is often staffed by a grumpy Custody Sergeant who tries to find a reason to refuse detention anyway!!!!

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Oh, and in answer to your last question about arrsting for cannabis possession... your suspect might have loads more at home which needs to be seized and destroyed, he/she could be a dealer; they may be cultivating....

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.... you won't have your power to search his cannabis factory if you are going for a VA. I don't thi k you can be criticised whichever option you go for though.

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13 hours ago, Bluey01 said:

If your Force policy is to arrest if CW is not an option then you will have to do that
 

You don't have to arrest anyone and your force policy can't make you do it either. The decision to arrest is yours and yours alone. 

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13 hours ago, Bluey01 said:

Oh, and in answer to your last question about arrsting for cannabis possession... your suspect might have loads more at home which needs to be seized and destroyed, he/she could be a dealer; they may be cultivating....

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Except the necessity criteria is 'believe' which therefore requires an element of evidence to support your decision. Not just "he might".

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@Sectioned Detection - yes, i agree with both your comments on reflection. Thanks for clarifying for the OP.

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APP on this states the escalation process for dealing with possession of cannabis. First time Cannabis Warning, second time PND, subsequent times arrest.
Step outside of that if you wish but you must justify for decision to do so.


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